STATE OF FLORIDA, DEPARTMENT OF REVENUE, APPELLANT,
v.
JAMES SEKOU WALTON, APPELLEE

Fla. 1st DCA | 2009-07-16
No. 1D08-5625
HAWKES, C.J., and LEWIS, JJ., concur.
12 So. 3d 921 Florida District Court of Appeal, First District (2009) Positive Treatment
Cited by 5 cases
Topics
Child Support Arrearages

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Opinion of the Court
THOMAS, J.

THOMAS, J.

Appellant, State of Florida, Department of Revenue (“DOR”), seeks review of the trial court’s child support order directing that it lift restrictions applied to Appellee’s passport for failure to pay child support. DOR argues that the trial court erred by ordering it to remove restrictions imposed on Appellee’s passport by federal law as a result of child support arrearages. We agree and adopt the reasoning set forth by the Fourth District in Department of Rev *922 enue ex rel. Jackson v. Nesbitt, 975 So.2d 549 (Fla. 4th DCA 2008), which addressed a factually similar situation and held that the trial court did not have authority to order DOR to remove the passport restrictions.

Accordingly, we reverse that part of the trial court’s child support order which directs DOR to lift Appellee’s passport restrictions and remand for further proceedings consistent with this opinion.

REVERSED and REMANDED.

HAWKES, C.J., and LEWIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fla. Dep't OF Revenue v. Baker, 24 So. 3d 1254 (Fla. 1st DCA 2009)
    …nterfere with the statutory authority delegated to the Department to certify to the Secretary of Health and Human Services that the father was eligible for passport restrictions. This court followed Nesbitt in State, Department of Revenue v. Walton, 12 So. 3d 921 (Fla. 1st DCA 2009). These cases are applicable here because the passport restriction and tax refund intercept programs are all part of a comprehensive child support enforcement scheme. See generally State ex rel. Pittman v. Stanjeski, 562 So. 2d 67…
  • Dep't OF Revenue o/b/o Maria Gomez v. Jarlin Varela, 67 So. 3d 1205 (Fla. 4th DCA 2011)
    …partment to lift and release restrictions on father’s passport where restrictions were placed pursuant to authority statutorily delegated to the Department as part of the child support enforcement scheme); see also State, Dep’t of Revenue v. Walton, 12 So. 3d 921 (Fla. 1st DCA 2009) (same). Thus, the ten final orders are reversed and these cases are remanded so that the offending language may be stricken from the orders. In all other respects, the orders are affirmed. Affirmed in part, reversed in part, an…
  • R.J. Reynolds Tobacco Co. v. Ellis, 152 So. 3d 125 (Fla. 1st DCA 2014)
    …petition yet evading review. See Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001). We conclude, however, that petitioner has failed to demonstrate that the challenged ruling results in irreparable harm. See e.g., Alcon Const. Co., Inc. v. Williams, 12 So. 3d 921 (Fla. 1st DCA 2009); Mariner Health v. Griffith, 898 So. 2d 982, 984 (Fla. 5th DCA 2005). Accordingly, the petition for writ of certiorari is denied. VAN NORTWICK, CLARK, and SWANSON, JJ., concur.…

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