EZRA WASHINGTON v. DEPARTMENT OF REVENUE

• Court: District Court of Appeal of Florida
• Decided: October 25, 2023
• Docket: 2022-2069
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 25, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-2069 Lower Tribunal Nos. DOAH No. 22-001689CS, 13210008762FC & CSP No. 2001370565 ________________

Ezra Washington, 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.

Ezra Washington, in proper person.

Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General (Tallahassee), for appellee Department of Revenue.

Before SCALES, MILLER and LOBREE, JJ. PER CURIAM.

Affirmed. See Addison v. Florida Dep’t of Revenue, 322 So. 3d 230,

230–31 (Fla. 1st DCA 2021) (“Applegate v. Barnett Bank of Tallahassee, 377

So. 2d 1150, 1152 (Fla. 1979) (holding that on appeal, decision of lower

tribunal ‘has the presumption of correctness,’ appellant bears burden ‘to

demonstrate error,’ and ‘the lack of a trial transcript or a proper substitute’

forecloses reversal); Lafaille v. Lafaille, 837 So. 2d 601, 604 (Fla. 1st DCA

2003) (explaining that lower tribunal’s findings and final judgment ‘cannot be

disturbed absent a record demonstrating reversible error,’ and that appellant

has burden to present reviewing court ‘with an adequate record to support

his appeal’); Moore v. Moore, 512 So. 2d 1141, 1141 (Fla. 1st DCA 1987)

(affirming child support determination because record did not ‘contain a

transcript of the hearing resulting in the order appealed’ nor statement of

evidence or proceedings pursuant to Florida Rule of Appellate Procedure

9.200(b)).”).