Eddie Whatley v. Department of Revenue, Child Support Program
This text of Eddie Whatley v. Department of Revenue, Child Support Program (Eddie Whatley v. Department of Revenue, Child Support Program) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed February 18, 2026. Not final until disposition of timely filed motion for rehearing.
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No. 3D25-1600 Lower Tribunal Nos. 2001989384, 13250009621FC ________________
Eddie Whatley, Appellant,
vs.
Department of Revenue, Child Support Program, et al., Appellees.
An Appeal from the State of Florida, Department of Revenue, Child Support Program.
Eddie Whatley, in proper person.
James Uthmeier, Attorney General, and Sara C. Prieto (Fort Lauderdale), Assistant Attorney General, for appellee Department of Revenue.
Before FERNANDEZ, GORDO and GOODEN, JJ.
GOODEN, J.
ON CONCESSION OF ERROR Appellant Eddie Whatley appeals a final administrative paternity and
support order rendered by the Appellee Department of Revenue. Whatley
timely contested the proposed order and requested an administrative
hearing. See § 409.256(4), Fla. Stat. (2025); § 409.2563(4), Fla. Stat.
(2025). But the Department did not process the request and the matter was
not referred to the Division of Administrative Hearings. As a result, a final
order was entered without providing Whatley an opportunity to be heard.
On appeal, Whatley asserts that he was deprived of due process. See
Art. I, § 9, Fla. Const. (“No person shall be deprived of life, liberty or property
without due process of law . . . . ”); N.C. v. Anderson, 882 So. 2d 990, 993
(Fla. 2004) (“Procedural due process requires both reasonable notice and a
meaningful opportunity to be heard.”). Acknowledging that Whatley is
entitled to an administrative hearing, the Department of Revenue correctly
and commendably concedes error. We accept this concession of error,
reverse the order, and remand for further proceedings consistent with
sections 409.256 and 409.2563, Florida Statutes.
Reversed and remanded for further proceedings.
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