DEPARTMENT OF REVENUE O/B/O REGINA T. BOHM, APPELLANT,
v.
MARTIN F. KOEHLER, APPELLEE

Fla. 1st DCA | 2012-01-18
No. 1D11-4321
PADOVANO, ROBERTS, and SWANSON, JJ., concur.
77 So. 3d 253 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We treat appellee’s “acknowledgment of controlling case” as a concession of error, which we find to be well taken. On the authority of the Department of Revenue ex rel. Sherman v. Daly, 74 So.3d 165 (Fla. 1st DCA 2011), the final administrative support order being appealed herein is reversed, and the matter is remanded to the Division of Administrative Hearings for further proceedings. In light of this disposition, appellant’s pending motion to strike is denied as moot.

PADOVANO, ROBERTS, and SWANSON, JJ., concur.

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  • Ghanzanfar Raza v. Deutsche Bank Nat'l Tr. Co. in Tr. for the Benefit of the Certificateholders for Argent Sec. Tr. 2005-W4, 100 So. 3d 121 (Fla. 2d DCA 2012)
    …omplete denial of the award; courts have upheld a denial of attorney’s fees absent a transcript on appeal. See Bank One, Corp., 987 So. 2d at 172; Bethune v. Santa Rosa Hosp., 510 So. 2d 1039, 1040 (Fla. 1st DCA 1987); see also Mollinea v. Mollinea, 77 So. 3d 253, 254 (Fla. 1st DCA 2012) (holding in a dissolution of marriage action that “the record on appeal [was] insufficient to enable ... review. ... Although the hearing transcript is in the record, it is apparent that the trial court explicated its reason…
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    …rized. We agree with DOR and find that this case is materially indistinguishable from this Court’s recent opinions in Department of Revenue ex rel. Sherman v. Daly, 74 So. 3d 165 (Fla. 1st DCA 2011) and Department of Revenue ex rel. Bohm v. Koehler, 77 So. 3d 253 (Fla. 1st DCA 2012) (reversing an administrative support order based on the authority of Daly and the appellee’s acknowledgement of Daly as controlling case law). In Daly, we held that “the Legislature has expressed its intent to authorize deviation…
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    …urt-ordered or approved. We agree with the Department and find that reversal is compelled by this court’s precedent in Department of Revenue ex. rel. Sherman v. Daly, 74 So. 3d 165 (Fla. 1st DCA 2011); Department of Revenue ex. rel. Bohm v. Koehler, 77 So. 3d 253 (Fla. 1st DCA 2012); and Department of Revenue ex. rel. Rambert v. Williams, 79 So. 3d 240 (Fla. 1st DCA 2012). Deviation from the child support guidelines is authorized “only where there exists a written, court-authorized parenting-plan.” Daly, 7…

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