RONNIE COVINGTON, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH, APPELLEE
RONNIE COVINGTON, APPELLANT,
STATE OF FLORIDA, DEPARTMENT OF HEALTH, APPELLEE
6 So. 3d 728
Florida District Court of Appeal, Third District (2009)
Caution
Cited by 2 cases
Opinion of the Court
ON CONFESSION OF ERROR
Ronnie Covington appeals from a final default judgment claiming that prior to the entry of that judgment he had received no notice that an administrative complaint had been filed against him. On the Florida Department of Health’s acknowledgement that Covington was not properly served and thus entitled to the hearing that he has requested, we reverse the final order on appeal and remand for a hearing on the merits of the Department’s complaint.
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In the Interest of J.D. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 42 So. 3d 938 (Fla. 2d DCA 2010)…i), (j), Fla. Stat. (2009). Here, the only evidence of domestic violence was the child protective investigator’s opinion as to the cause of the scratching and bruising on the Mother’s neck and [*940] chest. See C.M. v. Dep’t of Children & Families, 6 So. 3d 728, 729 (Fla. 4th DCA 2009). No evidence was presented that the child saw or heard any alleged violence or was otherwise in the presence of such violence. Neither was evidence presented that the child has been impacted, or could reasonably be impacted,…