Anthony German v. State of Florida Dep't of Revenue & Alicia Marie Saunders, 177 So. 3d 318 (Fla. 4th DCA 2015). · Go Syfert
Anthony German v. State of Florida Dep't of Revenue & Alicia Marie Saunders, 177 So. 3d 318 (Fla. 4th DCA 2015). Cases Citing This Book View Copy Cite
“section 409.2563(2)(f) ... requires that a written request to opt out of the administrative process be filed within 20 days of receipt of the initial notice of proceedings to establish an administrative support order.”
2 citation events across 1 distinct court.
Strongest positive: Department of Revenue and Mark Cole etc. v. Laura Beth Graczyk (fladistctapp, 2016-12-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Department of Revenue and Mark Cole etc. v. Laura Beth Graczyk
Fla. Dist. Ct. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence high
section 409.2563(2)(f) ... requires that a written request to opt out of the administrative process be filed within 20 days of receipt of the initial notice of proceedings to establish an administrative support order.
cited Cited "see" Walker v. Department of Revenue
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See German v. Dep’t of Revenue, 177 So.3d 318, 318 (Fla. 4th DCA 2015).
Retrieving the full opinion text from the archive…
Anthony GERMAN, Appellant,
v.
STATE of Florida DEPARTMENT OF REVENUE and Alicia Marie Saunders, Appellees
4D14-4080.
District Court of Appeal of Florida, Fourth District.
Oct 21, 2015.
177 So. 3d 318
Darren K. Edwards, Fort Lauderdale, for appellant., Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee Department of Revenue.
Stevenson, Gross, Taylor.
Cited by 2 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: #25,987 of 633,719
Citer courts: District Court of Appeal of Fl… (1)
PER CURIAM.

The father, Anthony German, appeals a Final Administrative Support Order rendered by the Department of Revenue. Because appellant failed to timely , opt out of the administrative process, the Department of Revenue correctly rendered the Final Administrative Support Order and Income Deduction Order. Section 409.2563(2)(f), Florida Statutes (2013), requires that a written request to opt out of the administrative process be filed within 20 days of receipt of the initial notice of proceedings to establish an administrative support order. Appellant filed his request 71 days after receipt of the notice.

As to appellant’s claim that he was denied due process of law because he was unable to connect telephonically into the administrative hearing and appear at the hearing, we affirm because appellant asserts this position for the first time on appeal, and there is nothing in the record to support this assertion. However, we affirm on this issue without prejudice to his right to file a motion to vacate and seek an evidentiary hearing on this matter. See W.T. Holding, Inc. v. State Agency for Health Care Admin., 682 So.2d 1224, 1225 (Fla. 4th DCA 1996) (holding that, in circumstances involving a due process violation, the administrative agency has the authority to reissue a final order despite the lack of a specific grant of such authority in chapter 120); Solease v. Constr. Indus. Licensing Bd., 881 So.2d 98, 98 (Fla. 1st DCA 2004) (recognizing that “an agency has authority to vacate and reenter otherwise final orders in order to avoid due process problems”).

As to appellant’s final argument, we affirm without further comment.

Affirmed.

STEVENSON, GROSS and TAYLOR, JJ., concur.