MICHAEL MOBLEY
v.
DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Michael Mobley appealed a Final Administrative Paternity and Support Order issued by the Florida Department of Revenue, Child Support Program. The Third District Court of Appeal affirmed the order, finding the record insufficient to conclude the judgment was unsupported by evidence, but noted the appellant could seek modification through statutory procedures.
The court affirmed the challenged administrative order, finding that without a complete record of the trial proceedings, the appellate court cannot properly resolve the underlying factual issues to conclude the judgment is unsupported by evidence. The court noted that the appellant may seek modification of the order either from the Department or through the circuit court pursuant to applicable Florida statutes.
[1] An appellate court cannot review factual findings of a lower tribunal without a complete record of trial proceedings; failure to provide such record requires affirmance o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or an alternative theory.”
Establishes the standard for appellate review when trial record is incomplete; the court cannot reverse based on lack of evidentiary support without a complete record.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Department of Revenue, Child Support Program issued a Final Administrative Paternity and Support Order against Michael Mobley on March 6, …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Appellant Michael Mobley appeals a March 6, 2024 Final Administrative Paternity and Support Order rendered by the Florida Department of Revenue, Child Support Program (“Department”). We affirm the challenged order. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or an alternative theory.”). We agree with the point made by the Department in its answer brief, and thus our affirmance is without prejudice to Appellant seeking a modification of the order from the Department pursuant to section 409.2563(12) or from the circuit court pursuant to section 409.2563(10) of the Florida Statutes (2024).
Affirmed.