MONICA R. PINELLI, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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Monica Pinelli appeals a Department of Children and Families final order denying her challenge to recovery of food stamp overpayments. The court affirms, holding that the Department must recover overpayments of public assistance benefits regardless of whether the error was caused by the recipient or the Department.
The court affirmed the Department's final order. The court held that without an adequate record of the trial proceedings, the appellate court cannot resolve the factual dispute. Additionally, the court held that even if the Department erred or if the recipient had properly reported the employment, the Department is statutorily mandated to recover any overpayment of public assistance benefits.
[1] An appellate court cannot resolve underlying factual issues or conclude that a trial court's judgment is unsupported by evidence or an alternative theory without a record…
[2] An appellate court cannot reasonably conclude that a trial judge misconceived the law requiring reversal without knowing the factual context of the case.
Previewing 2 of 5 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“Without a record of the trial proceedings, the appellate court cannot properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”
Establishes the procedural bar to appellate relief when the record is inadequate to show reversible error.
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Join FLexlaw to unlock all legal intelligencePinelli received food stamp benefits from the Department of Children and Families. The Department issued a final order finding that Pinelli failed to …
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PER CURIAM.
Monica R. Pinelli appeals a final order of the Florida Department of Children and Families finding that appellant had failed to inform the Department that a household member had begun employment and ruling that the Department may seek recovery from appellant for the overpayment of food stamp benefits. We affirm.
Appellant argues that she did advise the Department that her daughter was employed and had provided the Department with copies of her daughter’s paychecks. We have been provided no record of the proceeding below, however. As the Florida Supreme Court has explained:
Without a record of the trial proceedings, the appellate court cannot properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal. The trial court should have been affirmed because the record brought forward by the ap pellant is inadequate to demonstrate reversible error. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979).
Further, even if appellant had advised the Department of her daughter’s employment status and the Department had erroneously over-issued food stamps to appellant, the Department would nevertheless be required to recover the overpayment. When a person receives public assistance to which she is not entitled, whether through mistake or fraud on the part of the Department or on the recipient’s part, the Department is mandated by statute to “take all necessary steps to recover the overpayment.” § 414.41(1), Fla. Stat. (2002). Thus, even if the food stamp benefits were overpaid due to the Department’s error, the Department is required to recoup the overpayments. Willis v. Department of Children and Family Services, 735 So. 2d 585 (Fla. 3d DCA 1999); Lewis v. State of Florida, Department of Health and Rehabilitative Services, 659 So. 2d 1255 (Fla. 4th DCA 1995).
AFFIRMED.
BARFIELD, VAN NORTWICK and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jensen v. The Dep't OF Child. & Fam. Servs., 962 So. 2d 983 (Fla. 3d DCA 2007)…PER CURIAM. Affirmed. § 414.41(1), Fla. Stat. (2003); see also Pinelli v. Dep’t of Children & Families, 878 So. 2d 491 (Fla. 1st DCA 2004).…
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Arnetha Gatlin v. Dep't of Child. & Families, 55 So. 3d 641 (Fla. 3d DCA 2011)…PER CURIAM. Affirmed. See § 414.41(1), Fla. Stat. (2009); Pinelli v. Dep’t of Children & Families, 878 So. 2d 491 (Fla. 1st DCA 2004).…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Lewis v. State, 659 So. 2d 1255 (Fla. 4th DCA 1995)
- Tamesa M. Willis v. Dep't of Child. & Fam. Servs., 735 So. 2d 585 (Fla. 3d DCA 1999)