PELLEGRINO v. DEPARTMENT OF REVENUE LANGE (2022)

District Court of Appeal of Florida, Second District.

Paul Anthony PELLEGRINO, Appellant, v. DEPARTMENT OF REVENUE O/B/O Stacy Marie LANGE, Appellee.

No. 2D21-2116

Decided: October 12, 2022

Paul Anthony Pellegrino, pro se. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee.

In light of the Department of Revenue's initial concession of error, and pursuant to section 120.68(7)(a), Florida Statutes (2021), the “Final Administrative Support Order” is set aside, and the case is remanded for further proceedings. See, e.g., Dillion v. Dep't of Revenue, 189 So. 3d 353, 354 (Fla. 4th DCA 2016); McIntyre v. Seminole Cnty. Sch. Bd., 779 So. 2d 639, 641–43 (Fla. 5th DCA 2001); see also § 409.2563(6), Fla. Stat. (2021) (“If the parent from whom support is being sought files a timely request for hearing or the department determines that an evidentiary hearing is appropriate, the department shall refer the proceeding to the Division of Administrative Hearings.” (emphasis added)).

Vacated and remanded.

ATKINSON, Judge.

SILBERMAN and SMITH, JJ., Concur.

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