Coleman v. Department of Revenue, Child Support Enforcement Ex Rel. Aronoff

District Court of Appeal of Florida

Coleman v. Department of Revenue, Child Support Enforcement Ex Rel. Aronoff

18 So. 3d 661, 2009 Fla. App. LEXIS 13192, 2009 WL 2871567

District Court of Appeal of Florida·Decided September 9, 2009·No. 4D09-1438·Published

Opinion

PER CURIAM.

David Coleman seeks review of a Final Order of Paternity and Administrative Support Order by the Department of Revenue, challenging the statement of his income based on a twelve month work year. The Department has filed a confession of error, conceding that the amount disputed by appellant is not supported by substantial competent evidence. There is no record evidence that appellant, a substitute teacher, is employed during the time school is closed. Pursuant to the confession of error, we vacate the Final Order of Paternity and Administrative Support Order and remand this matter to the lower tribunal for further proceedings.

Reversed and remanded.

TAYLOR, CIKLIN and GERBER, JJ., concur.

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PER CURIAM.

David Coleman seeks review of a Final Order of Paternity and Administrative Support Order by the Department of Revenue, challenging the statement of his income based on a twelve month work year. The Department has filed a confession of error, conceding that the amount disputed by appellant is not supported by substantial competent evidence. There is no record evidence that appellant, a substitute teacher, is employed during the time school is closed. Pursuant to the confession of error, we vacate the Final Order of Paternity and Administrative Support Order and remand this matter to the lower tribunal for further proceedings.

Reversed and remanded.

TAYLOR, CIKLIN and GERBER, JJ., concur.

Coleman v. Department of Revenue, Child Support Enforcement Ex Rel. Aronoff, 18 So. 3d 661, 2009 Fla. App. LEXIS 13192, 2009 WL 2871567 (Fla. Ct. App. 2009).

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