Summary
The Florida First District Court of Appeal dismissed the Department of Revenue’s appeal from an administrative child-support order for lack of standing because the order was wholly favorable to the Department. In a concurrence, Judge Winokur agreed with dismissal and stated that, even absent the standing issue, the alleged retroactive-support calculation error should not be considered because it affected the appellee and was not preserved or appealed.
Holdings
- A party may not appeal a judgment or order that is wholly favorable to it because the party is not adversely affected or aggrieved; therefore, the Department of Revenue lacked standing to appeal the Final Administrative Support Order.
Questions Presented
- Whether the Department of Revenue had standing to appeal a Final Administrative Support Order that awarded the child support it sought.
- Whether an appeal by a party that received a wholly favorable judgment must be dismissed.
Disposition
dismissed
Cases Cited (7)
- Fla. Dep't of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm'n, 123 So. 3d 1154 (Fla. 1st DCA 2012)(followed)
- Dep't of Health v. Fresenius Med. Care Holdings, Inc., 935 So. 2d 636, 637 (Fla. 1st DCA 2006)(followed)
- Friends of Perdido Bay, Inc. v. Fla. Dep't of Envtl. Prot., 44 So. 3d 650, 651 (Fla. 1st DCA 2010)(followed)
- Fla. Comm'n on Hurricane Loss Projection Methodology v. State, Dep't of Ins., 716 So. 2d 345, 346 (Fla. 1st DCA 1998)(followed)
- Gen. Dev. Utils., Inc. v. Fla. Pub. Serv. Comm'n, Div. of Admin. Hearings, 385 So. 2d 1050, 1051 (Fla. 1st DCA 1980)(followed)
- Alfred v. Dep't of Revenue, 204 So. 3d 583, 585 (Fla. 4th DCA 2016)(followed in concurrence)
- Davis v. Dep't of Revenue, 221 So. 3d 790 (Fla. 2d DCA 2017)(followed in concurrence)
Cited In (0)
No citing cases on record yet.
Court Document
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