May 16, 2005.
An appeal from an order of the Department of Revenue.
Ralph C. Ackroyd, pro se, appellant.
Charlie Crist, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for appellee.
Ralph C. Ackroyd appeals an order of the Department of Revenue which denied as untimely his administrative challenge to proposed agency action and request for hearing. Appellee now moves to relinquish jurisdiction for the purpose of withdrawing its prior order and entry of an amended order which grants Ackroyd's request for a hearing.
We elect to treat the motion as a confession of error and reverse and remand for further proceedings. See Stacey v. Department of Professional Regulation, Board of Nursing Home Administrators, 547 So.2d 241 (Fla. 1st DCA 1989).
REVERSED and REMANDED.
BARFIELD, DAVIS and HAWKES, JJ., concur.