TERRY ALONZO SMITH
v.
STATE OF FLORIDA DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM
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Terry Alonzo Smith challenges a child support determination by the Florida Department of Revenue. The Third District Court of Appeal affirmed the determination, finding that Smith failed to participate in administrative proceedings and thereby waived his right to challenge the Department's findings.
By failing to participate in administrative proceedings and not requesting a hearing, Smith waived his right to challenge the sufficiency of the evidence supporting the Department's determination of his child support obligations.
[1] A party who fails to return financial information forms supplied by the child support enforcement agency and fails to request an administrative hearing after notice of th…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes that failure to participate in administrative proceedings and failure to request a hearing results in waiver of appellate review rights.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSmith received forms for financial information from the Department of Revenue, Child Support Program. He failed to return those forms and did not requ…
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Opinion filed March 19, 2025. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D24-1566 Lower Tribunal Nos. 2001907739 & 51240002694DR ________________ Terry Alonzo Smith, Jr.,
Appellant,
vs.
State of Florida Department of Revenue, Child Support Program, et al., Appellees.
An Appeal from the State of Florida Department of Revenue, Child Support Program. Terry Alonzo Smith, Jr., in proper person. James Uthmeier, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellee State of Florida Department of Revenue. Before LOGUE, C.J., and GORDO and LOBREE, JJ. PER CURIAM.
Affirmed. See § 409.2563(7)(b), Fla. Stat.; Angilot v. State, Dep’t of Revenue, Child Support Program, 394 So. 3d 711, 711-712 (Fla. 3d DCA 2024) (“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.” (quoting Standard v. State, Dep’t of Revenue, Child Support Enf’t Program, 249 So. 3d 798, 798-99 (Fla. 1st DCA 2018)).
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Citator
Cited By
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Smith v. State of Fla. Dep't of Revenue, 394 So. 3d 711 (Fla. 3d DCA 2025)…Tallahassee), for appellee State of Florida Department of Revenue. Before LOGUE, C.J., and GORDO and LOBREE, JJ. PER CURIAM. 2 Affirmed. See § 409.2563(7)(b), Fla. Stat.; Angilot v. State, Dep’t of Revenue, Child Support Program, 394 So. 3d 711, 711-712 (Fla. 3d DCA 2024) (“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…
Authorities Cited
- Standard v. State, 249 So. 3d 798 (Fla. 1st DCA 2018)
- Smith v. State of Fla. Dep't of Revenue, 394 So. 3d 711 (Fla. 3d DCA 2025)