MARCELINO AGUILAR
v.
DEPARTMENT OF REVENUE
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Marcelino Aguilar appealed a final order from the Florida Department of Revenue, but the court affirmed the order on the merits without prejudice to Aguilar's right to seek an administrative modification or file a superseding action in circuit court.
The court affirmed the final order, but without prejudice to the appellant's rights to seek administrative modification under Fla. Stat. section 409.2563(12) or to file an action for a superseding order in circuit court pursuant to sections 409.2563(10)(c) or 409.2563(2)(h).
[1] Failure to participate in administrative proceedings before the Department of Revenue, despite proper service, does not constitute error warranting appellate reversal, bu…
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Join FLexlaw to unlock all legal intelligence“Appellant was properly served but did not participate in the proceedings below.”
Establishes the factual basis for the court's ability to proceed and affirm the Department's order despite Aguilar's non-participation.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAguilar was the appellant in proceedings before the Department of Revenue. He was properly served but did not participate in the proceedings below. A …
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 6D2023-2846 Lower Tribunal No. 53230002577FD
_____________________________
MARCELINO AGUILAR,
Appellant,
v.
DEPARTMENT OF REVENUE,
Appellee.
_____________________________
Appeal from the Department of Revenue.
November 1, 2024 STARGEL, J.
Affirmed. Appellant was properly served but did not participate in the proceedings below. The case is affirmed without prejudice to any rights Appellant may have to seek an administrative modification of the final order as set forth in Fla. Stat. section 409.2563(12) or to file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c) or 409.2563(2)(h). See Fernandez v. Dep’t. of Revenue, Child Support Enf’t., 49 Fla. L. Weekly D1912 --- So. 3d ---,
2024 WL 4219378 (Fla. 3d DCA Sept. 18, 2024) (citing Brookshire v. Dep’t of
Revenue, 288 So. 3d at 710).
AFFIRMED. NARDELLA and WOZNIAK, JJ., concur. Marcelino Aguilar, Lehigh Acres, pro se. Ashley Moody, Attorney General, Tallahassee, and Sarah C. Prieto, Assistant Attorney General, of the Office of Attorney General Child Support Enforcement, Fort Lauderdale, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
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Marcelino Aguilar v. Dep't of Revenue, 49 Fla. L. Weekly D1912 (Fla. 6th DCA 2024)…t. section 409.2563(12) or to file an action to obtain a superseding order in the circuit court pursuant to section 409.2563(10)(c) or 409.2563(2)(h). See Fernandez v. Dep’t. of Revenue, Child Support Enf’t., 49 Fla. L. Weekly D1912 --- So. 3d ---, 2024 WL 4219378 (Fla. 3d DCA Sept. 18, 2024) (citing Brookshire v. Dep’t of Revenue, 288 So. 3d at 710). AFFIRMED. NARDELLA and WOZNIAK, JJ., concur. Marcelino Aguilar, Lehigh Acres, pro se. Ashley Moody, Attorney General, Tallahassee, and Sarah C. Prieto, Assi…
Authorities Cited
- Marcelino Aguilar v. Dep't of Revenue, 49 Fla. L. Weekly D1912 (Fla. 6th DCA 2024)