BRANDON A. BAILEY
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM AND NYKALA MICHELE VASQUEZ

Fla. 1st DCA | 2020-09-24
No. 20-1162
Florida District Court of Appeal, First District (2020)

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Holding

An appellant who fails to participate in administrative proceedings by not returning required financial forms and fails to request an administrative hearing waives any challenge to the sufficiency of evidence supporting child support obligations.


Headnotes

[1] Failure to participate in administrative child support proceedings by returning required financial forms and failure to request an administrative hearing within the presc…

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Key Quotes

“By waiving his right to a hearing, Appellant waived his ability to challenge the sufficiency of the evidence to support the Department's determination of his child support obligations.”

The court's explanation of how failure to participate in administrative proceedings results in waiver of appellate review rights.

Facts & Procedural History

Brandon Bailey was subject to a child support determination by the Department of Revenue. Bailey did not return the financial information forms provid…

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Opinion of the Court

September 24, 2020 PER CURIAM.

AFFIRMED. See Standard v. State, Dep’t of Revenue, Child Support Enf’t Program, 249 So. 3d 798, 798–99 (Fla. 1st DCA 2018) (“Because Appellant failed to participate in the administrative proceedings by returning the forms for financial information supplied him by the Department and failed to request an administrative hearing after notice of his right to do so and the consequences for failing to do so, Appellant has not preserved any issue for this Court’s appellate review. By waiving his right to a hearing, Appellant waived his ability to challenge the sufficiency of the evidence to support the Department’s determination of his child support obligations.”).

2

RAY, C.J., and BILBREY and NORDBY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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