DEPARTMENT OF REVENUE AND ANNA M. HILL, v. JOHN C. YOUNG
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DEPARTMENT OF REVENUE AND ANNA M. HILL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, CASE NO. 1D11-311 v. JOHN C. YOUNG, Appellee. _____________________________/ Opinion filed August 23, 2011. An appeal from the Circuit Court for Calhoun County. Hentz McClellan, Judge. Pamela Jo Bondi, Attorrney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellants. John C. Young, pro se, Appellee. PER CURIAM. In this appeal from a proceeding to enforce an administrative support order, the Department of Revenue claims the circuit court erred in entering a superseding order prospectively eliminating appellee s child support obligation in the absence of any pleadings requesting a superseding order on child support. We agree and reverse. It is well settled that an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated below denies fundamental due process. Neumann v. Neumann, 857 So. 2d 372, 373 (Fla. 1st DCA 2003). The circuit court could not enter a superseding order prospectively eliminating appellee s child support obligation where such an issue was not presented by the pleadings, noticed for hearing, or litigated by the parties. See State, Dep t of Revenue ex rel. Arnold v. Collins, 727 So. 2d 1099, 1100 (Fla. 2d DCA 1999); Moody v. Moody, 721 So. 2d 731, 734 (Fla. 1st DCA 1998); Hammond v. Hammond, 492 So. 2d 837, 838 (Fla. 5th DCA 1986); Lourcey v. Lourcey, 256 So. 2d 25, 26 (Fla. 1st DCA 1971). Although the circuit court found it inequitable to enforce the administrative support order based on a new child support determination, there is no authority for the circuit court to revisit child support calculations in an enforcement proceeding pursuant to section 409.2563(10)(b), Florida Statutes. Accordingly, we reverse the superseding order and remand the case for the entry of an order enforcing the administrative support order. This is without prejudice to appellee seeking administrative modification of the order pursuant to section 409.2563(12), Florida Statutes, or seeking a superseding order by filing a civil action in circuit court to 2 determine parental support obligations pursuant to section 409.2563(2)(d), Florida Statutes. REVERSED and REMANDED. THOMAS, WETHERELL, and SWANSON, JJ., CONCUR. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
