DEPARTMENT OF REVENUE, APPELLANT,
v.
BRENT A. DOVE AND KELLI M. CRAIN, APPELLEES
DEPARTMENT OF REVENUE, APPELLANT,
BRENT A. DOVE AND KELLI M. CRAIN, APPELLEES
152 So. 3d 1278
Florida District Court of Appeal, First District (2015)
Positive Treatment
Cited by 6 cases
Opinion of the Court
The record supports the Department of Revenue’s assertion that the Division of Administrative Hearings’ subject-matter jurisdiction was not properly invoked by filing the requisite pleadings and notices as required by section 409.2563, Florida Statutes ,(2014). The modification of support in the Final Administrative Support Modification Order was in error. The order on appeal is vacated, and the case is remanded to the Division of Administrative Hearings with instructions to enter an order directing the Department of Revenue to begin modification proceedings under section 409.2563.
VACATED and REMANDED.
ROBERTS, RAY, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Revenue o/b/o Hanna May Rose Peterson v. Johnson, 177 So. 3d 697 (Fla. 1st DCA 2015)…t that he was entitled to a hearing to review its determination, and Respondent chose to avail himself of this option. At the hearing, the ALJ informed the parties that, based on his reading of this court’s opinion in Department of Revenue v. Dove, 152 So. 3d 1278 (Fla. 1st DCA 2015), he lacked subject-matter jurisdiction to conduct the hearing because DOR had not yet filed a proposed modification order. The ALJ subsequently entered an order finding, in relevant part: As DOR never prepared or filed a propose…
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Dep't OF Revenue v. Cottrell, 160 So. 3d 953 (Fla. 1st DCA 2015)…ication Order entered by the Administrative Law Judge was in error because the subject-matter jurisdiction of Division of Administrative Hearings was not properly invoked under section 409.2563, Florida Statutes (2014). See Dep’t of Revenue v. Dove, 152 So. 3d 1278 (Fla. 1st DCA 2015). The order on appeal is vacated, and the case is remanded to the Division of Administrative Hearings with instructions to enter an order directing the Department of Revenue to begin modification proceedings under section 409.2563…
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Dep't OF Revenue v. Taylor, 163 So. 3d 1273 (Fla. 1st DCA 2015)…subject matter jurisdiction of the Division of Administrative Hearings (“DOAH”) was not properly invoked pursuant to section 409.2568, Florida Statutes. See Dep’t of Revenue v. Cottrell, 160 So. 3d 953 (Fla. 1st DCA 2015); Dep’t of Revenue v. Dove, 152 So. 3d 1278 (Fla. 1st DCA 2015). The order on appeal is vacated, and the case is remanded to DOAH with instructions to enter an order directing the Department to begin modification proceedings under section 409.2563. VACATED and REMANDED with instructions.…