EDDIE WHATLEY
v.
DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM, ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Eddie Whatley appealed a final paternity and support order issued by the Department of Revenue without providing him an administrative hearing despite his timely request. The Department conceded error, and the court reversed and remanded, holding that Whatley was entitled to procedural due process including notice and a meaningful opportunity to be heard before a final order could be entered.
Whatley was deprived of procedural due process. The Department of Revenue conceded error, and the court accepted the concession. Whatley is entitled to an administrative hearing before a final order can be entered.
“No person shall be deprived of life, liberty or property without due process of law”
Establishes the constitutional basis for Whatley's due process claim under the Florida Constitution.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWhatley contested a proposed paternity and support order from the Department of Revenue and timely requested an administrative hearing pursuant to Flo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Meaningful Opportunity To Be Heard cases and more on FLexlaw
GOODEN, J.
ON CONCESSION OF ERROR Appellant Eddie Whatley appeals a final administrative paternity and support order rendered by the Appellee Department of Revenue. Whatley timely contested the proposed order and requested an administrative hearing. See § 409.256(4), Fla. Stat. (2025); § 409.2563(4), Fla. Stat. (2025). But the Department did not process the request and the matter was not referred to the Division of Administrative Hearings. As a result, a final order was entered without providing Whatley an opportunity to be heard.
On appeal, Whatley asserts that he was deprived of due process. See Art. I, § 9, Fla. Const. (“No person shall be deprived of life, liberty or property without due process of law . . . . "); N.C. v. Anderson, 882 So. 2d 990, 993 (Fla. 2004) (“Procedural due process requires both reasonable notice and a meaningful opportunity to be heard."). Acknowledging that Whatley is entitled to an administrative hearing, the Department of Revenue correctly and commendably concedes error. We accept this concession of error, reverse the order, and remand for further proceedings consistent with sections 409.256 and 409.2563, Florida Statutes.
Reversed and remanded for further proceedings.