Elrod v. Department of Revenue

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KENNETH C. ELROD, Appellant, v. DEPARTMENT OF REVENUE o/b/o CHARLENE GEHRLEIN, Appellee. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D02-2214 Opinion filed June 4, 2003. Appeal from the Department of Revenue. Kenneth Elrod, pro se. Charles J. Crist, Jr., Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for Appellee. SALCINES, Judge. Kenneth C. Elrod appeals from the order of the circuit court adopting the hearing officer's recommendation to grant the Department of Revenue's motion to dismiss Mr. Elrod's supplemental petition for modification/abatement of his child support obligation. We affirm without prejudice for Mr. Elrod to refile his supplemental petition for reconsideration under the newly established procedure set forth in Department of Revenue v. Jackson, 28 Fla. L. Weekly S343 (Fla. Apr. 24, 2003). Affirmed. ALTENBERND, C.J., and VILLANTI, J., Concur. -2-

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