Kahele Dante Butler v. Department of Revenue
This text of Kahele Dante Butler v. Department of Revenue (Kahele Dante Butler v. Department of Revenue) 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
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 6D2024-0980 Lower Tribunal No. 24001068CS _____________________________
KAHELE DANTE BUTLER,
Appellant, v.
DEPARTMENT OF REVENUE,
Appellee. _____________________________
Appeal from the Department of Revenue.
February 14, 2025
ON CONFESSION OF ERROR
PER CURIAM.
Kahele Dante Butler seeks review of the Final Administrative Support Order
establishing his child support obligation. He asserts that his due process rights were
violated when the cause proceeded through administrative channels rather than in
circuit court as he had timely requested.
The Department of Revenue (“DOR”) has filed a Notice of Confession of
Error, conceding that the cause was improperly before the administrative law judge inasmuch as Butler had timely opted for judicial review. See § 409.2563(4)(n)4.,
Fla. Stat. (2023) (providing that if the parent from whom support is being sought
signs and returns a waiver of service form to DOR within ten days of receipt of
DOR’s petition, DOR “shall terminate the administrative proceeding without
prejudice and proceed in circuit court”). DOR admits that Butler had timely opted
out of the administrative proceeding after receipt of DOR’s Notice of Proceeding to
Establish Administrative Support and explains that, through error, the case
proceeded “on the administrative route” and was referred to the Department of
Administrative Hearings.
Given the facts presented, DOR’s Confession of Error is well-taken and
accepted. We thus vacate the Final Administrative Support Order and remand for
further proceedings.
REVERSED and REMANDED for further proceedings.
WOZNIAK, MIZE and BROWNLEE, JJ., concur.
Kahele Dante Butler, Kissimmee, pro se.
John M. Guard, Acting Attorney General, Tallahassee, and Sarah C. Prieto, Assistant Attorney General, Fort Lauderdale, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
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