WILSON
v.
DEPARTMENT OF REVENUE, MILLER

Fla. 1st DCA | 2025-10-22
No. 2025-0894
Ray, J., Winokur, J., M.K. Thomas, J., Coffin, Director
2025 FL 9266 Florida District Court of Appeal, First District (2025)

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Holding

When an administrative agency concedes error in denying a party's statutory right to proceed in circuit court and in serving process at an incorrect address, the final administrative order must be reversed and remanded for further proceedings.


Headnotes

[1] A party's statutory right to request circuit court proceedings in a child support matter under Florida Statute section 409.2563(2)(i) must be honored, and failure to prop…

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Facts & Procedural History

Appellant Wilson requested to proceed in circuit court rather than in an administrative proceeding for a child support matter. The Department of Reven…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2025-0894 _____________________________

ERICK WILSON,

Appellant,

v.

STATE OF FLORIDA DEPARTMENT

OF REVENUE CHILD SUPPORT

PROGRAM and ETRESHIA SHARRIE MILLER,

Appellees. _____________________________

On appeal from the Department of Revenue, Child Support Program. Ann Coffin, Director.

October 22, 2025

PER CURIAM.

In this appeal of a final administrative support order, Appellee filed a confession of error conceding that Appellant properly requested to proceed in circuit court rather than in an administrative proceeding and that the waiver of service form was sent to an incorrect mailing address. See § 409.2563(2)(i), Fla. Stat. (2025); Fla. Admin. Code R. 12E-1.030(7)(b). Due to Appellee’s error, Appellant was deprived of the opportunity to finalize the process for proceeding to circuit court pursuant to section 409.2563(2)(i). Accordingly, the Court accepts Appellee’s

RAY, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Erick Wilson, pro se, Appellant.

James Uthmeier, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellees.

Footnotes
2 confession of error, reverses the final administrative support order, and remands this matter to the Department of Revenue for further proceedings consistent with this decision.

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