STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, AND CYNTHIA LYNN BROWNLOW, APPELLANTS,
v.
LEWIS E. BROWNLOW, JR., APPELLEE

Fla. 2d DCA | 1990-02-21
No. 89-01939
SCHEB, A.C.J., and THREADGILL, J., concur.
557 So. 2d 200 Florida District Court of Appeal, Second District (1990) Negative Treatment
Cited by 4 cases
Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

We reverse the trial court’s order granting the appellee’s motion to dismiss the petition of the Department of Health and Rehabilitative Services (HRS) for reimbursement for public assistance monies paid. See § 409.2561(1), Florida Statutes (1988 Supp.); State, Department of Health & Rehabilitative Services v. D’Andrea, 542 So. 2d 1369 (Fla. 2d DCA 1989).

Appellee argues that D'Andrea is inapplicable because in this case there was no pending child support order obligating appellee and there was an order providing that no child support would be paid by appellee, that order further providing that the custodial parent had agreed to relinquish any claim for child support from appellee. We disagree with that argument. In D’Andrea, as well as in this case, there was no pending order of support directed to the party from whom HRS was seeking reimbursement, and there was a prior court order providing that that party was not liable for child support.

Reversed and remanded for proceedings consistent herewith.

SCHEB, A.C.J., and THREADGILL, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Dep't OF Health & Rehabilitative Servs. v. Prince, 601 So. 2d 588 (Fla. 5th DCA 1992)
    …or the minor children, M.M. and T.S. . The trial court also relied on D.H.R.S. v. D'Andrea, 542 So. 2d 1369 (Fla.1989). We do not find this case to be particularly relevant to the decisive facts and issues in this case. . Cf. D.H.R.S. v. Brownlow, 557 So. 2d 200 (Fla. 2d DCA 1990). The facts set forth in Brownlow are not clear but if in that case the father had a prior valid, binding affirmative adjudication that he was under no obligation to pay child support as to a particular child as to which HRS was se…
  • State v. H.M.B., 636 So. 2d 550 (Fla. 2d DCA 1994)
    …or the benefit of a dependent child and provide continuing reasonable child support.” The supreme court reiterated this holding in Gibson v. Bennett, 561 So. 2d 565 (Fla.1990). We held in Department of Health and Rehabilitative Services v. Brownlow, 557 So. 2d 200 (Fla. 2d DCA 1990), that it is not necessary that there be a pending child support order to recover public assistance moneys paid on behalf of a child. The First District addressed the issue at length and arrived at the same conclusion in Davis v. S…

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