ALI CASTRO
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM AND CIRA JESSICA PEREZ
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Ali Castro appeals an administrative support order from the Department of Revenue, arguing he failed to appear at a hearing because his attorney misadvised him. The court affirmed the order, finding no attorney represented Castro in the proceeding and no statutory grounds for reversal under Florida law.
The court affirmed the administrative support order, holding that Castro has failed to establish any statutory grounds for reversal under section 120.68, Florida Statutes, and that allegations of attorney misadvice are not properly addressed in appellate review of agency action.
[1] A party appealing a final agency action must demonstrate a statutory ground for reversal as provided by section 120.68, Florida Statutes.
[2] Allegations of attorney misadvice regarding court appearances are not properly addressed in an appellate proceeding.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“But no attorney ever appeared in this proceeding on behalf of Mr. Castro. And this appeal is not the proper venue for addressing such allegations.”
Establishes that Castro's claim of attorney misadvice is procedurally improper because no attorney represented him in the administrative proceeding.
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Join FLexlaw to unlock all legal intelligenceCastro was served with notice of a child support proceeding, including a blank financial affidavit, parent information form, and parenting time plan, …
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PER CURIAM.
Appellant, Ali Castro, appeals a final administrative support order rendered by the Department of Revenue (the Department). After being served with the Department’s notice of proceeding, a blank financial affidavit, a blank parent information form, and a blank Title IV-D standard parenting time plan, Mr. Castro failed to complete and return any of the documents he was provided. The Department proceeded with the matter and prepared a proposed administrative support order. Mr. Castro informed the Department that he contested its proposed order and requested a hearing. The matter was referred to the Division of Administrative Hearings and Mr. Castro was notified of the date and time the hearing was to take place. But Mr. Castro failed to appear. On appeal, Mr. Castro’s sole argument is that he failed to appear at the noticed hearing because his attorney misadvised him not to attend. But no attorney ever appeared in this proceeding on behalf of Mr. Castro. And this appeal is not the proper venue for addressing such allegations. Appellate courts are required to affirm final agency action unless the appellant shows a ground for setting such action aside, as provided by section 120.68, Florida Statutes. Mr. Castro has failed to establish, or allege, any statutory grounds for reversal.
AFFIRMED.
BILBREY, NORDBY, and LONG, JJ., concur. _____________________________