Florida District Courts of Appeal, 1994

Office of Child Support Enforcement v. Simmons

Office of Child Support Enforcement v. Simmons
Florida District Courts of Appeal · Decided September 2, 1994 · Diamantis, Peterson, Thompson
641 So. 2d 530; 1994 Fla. App. LEXIS 8588; 1994 WL 474984 (Southern Reporter, Second Series)

Office of Child Support Enforcement v. Simmons

Opinion of the Court

PETERSON, Judge.

The Department of Health and Rehabilitative Services (HRS) appeals an order denying its petition for reimbursement of $2,056 by Tommy R. Simmons. We affirm.

In his response to the petition, Simmons claimed that the mother and the social services agency were estopped from asserting the claim. Equitable defenses apply to HRS’ claim. See Department of Health and Rehabilitative Services v. Thomas, 477 So.2d 1053 (Fla. 5th DCA 1985), rev. denied, 488 So.2d 829 (Fla. 1986). HRS has not demonstrated reversible error. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979).

AFFIRMED.

DIAMANTIS and THOMPSON, JJ., concur.

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