Dep't of Revenue ex rel. Marquez v. Lopez, 1D17-5381
Decision Date | 01 August 2018 |
Docket Number | No. 1D17-5381,1D17-5381 |
Citation | 252 So.3d 823 |
Parties | DEPARTMENT OF REVENUE, ON BEHALF OF Haydie MARQUEZ, Appellant, v. Calixto Manuel LOPEZ, Appellee. |
Court | Florida District Court of Appeals |
Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellant.
No appearance for Appellee.
The Department of Revenue appeals the administrative law judge's Final Administrative Support Order, in which the father, Carlos Lopez, was ordered to pay child support and retroactive child support to the mother, Haydie Marquez, on whose behalf the Department was acting to establish Lopez's support obligation to their child. See § 409.2557(1) & (2), Fla. Stat. (2017).
We dismiss this appeal for lack of standing. " ‘An appeal of a wholly favorable judgment must be dismissed.’ " Fla. Dep't of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm'n , 123 So.3d 1154 (Fla. 1st DCA 2012) (quoting Dep't of Health v. Fresenius Med. Care Holdings, Inc. , 935 So.2d 636, 637 (Fla. 1st DCA 2006) ); see also Friends of Perdido Bay, Inc. v. Fla. Dep't of Envtl. Prot. , 44 So.3d 650, 651 (Fla. 1st DCA 2010) ( ); Fla. Comm'n on Hurricane Loss Projection Methodology v. State, Dep't of Ins. , 716 So.2d 345, 346 (Fla. 1st DCA 1998) ( ); Gen. Dev. Utils., Inc. v. Fla. Pub. Serv. Comm'n, Div. of Admin. Hearings , 385 So.2d 1050, 1051 (Fla. 1st DCA 1980) ().
DISMISSED .
I agree with the majority that we should dismiss this appeal because the Department of Revenue (DOR) does not have standing to challenge the Final Administrative Support Order (Order), on the ground that the Order is "wholly favorable" to DOR. See Fla. Dep't of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm'n , 123 So.3d 1154 (Fla. 1st DCA 2012). But even if we did not dismiss this appeal for lack of standing, I would reject DOR's argument and affirm the Order.
Because Marquez, the mother of the child, was receiving Medicaid, DOR offered her their services in obtaining child support from Lopez, the father. Marquez accepted these services and DOR instituted a proceeding to establish an administrative support order on behalf of Marquez. DOR then filed a proposed administrative support order, which Lopez disputed and exercised his right to a hearing before an administrative law judge (ALJ). The caption of the hearing before the ALJ was "DEPARTMENT OF REVENUE AND HAYDIE MARQUEZ, Petitioners, vs. CALIXTO MANUEL LOPEZ, Respondent." After the hearing, the ALJ filed the Order, which ordered Lopez to pay current and retroactive child support and which offered any party "who is adversely affected" by the Order the right to appeal to this court. See also § 120.68 and 409.2563(10)(a), Fla....
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Dep't of Revenue ex rel. Mcmillan v. Magloire, 1D17-4595
..."An appellant cannot ‘concede error’ on behalf of the appellee when that error has never been raised by appellee." Dep't of Revenue v. Lopez , 252 So.3d 823, 43 Fla. Law Weekly D1753, 2018 WL 3638010 (Fla. 1st DCA Aug. 1, 2018) (Winokur, J., concurring). Thus, we reject this concession of e......
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Dep't of Revenue ex rel. Jackson v. Rivera
...appearance for Appellee.Per Curiam. DISMISSED . See Dep't of Revenue, on behalf of Marquez v. Lopez , 43 Fla. L. Weekly D1753, 252 So.3d 823, 2018 WL 3638010 (Fla. 1st DCA Aug. 1, 2018). Wolf, Lewis, and Ray, JJ., ...