Florida District Courts of Appeal, 2009

State, Department of Revenue v. Walton

Florida District Courts of Appeal · Decided July 16, 2009 · No. 1D08-5625 · Hawkes, Lewis, Thomas

12 So. 3d 921; 2009 Fla. App. LEXIS 9696; 2009 WL 2048954 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

Department of Revenue Ex Rel. Gomez v. Varela (Fla. Dist. Ct. App. 2011)
Florida Department of Revenue, Child Support Enforcement Ex Rel. Baker v. Baker (Fla. Dist. Ct. App. 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

THOMAS, J.

Appellant, State of Florida, Department of Revenue (“DOR”), seeks review of the trial court’s child support order directing that it lift restrictions applied to Appellee’s passport for failure to pay child support. DOR argues that the trial court erred by ordering it to remove restrictions imposed on Appellee’s passport by federal law as a result of child support arrearages. We agree and adopt the reasoning set forth by the Fourth District in Department of Rev *922 enue ex rel. Jackson v. Nesbitt, 975 So.2d 549 (Fla. 4th DCA 2008), which addressed a factually similar situation and held that the trial court did not have authority to order DOR to remove the passport restrictions.

Accordingly, we reverse that part of the trial court’s child support order which directs DOR to lift Appellee’s passport restrictions and remand for further proceedings consistent with this opinion.

REVERSED and REMANDED.

HAWKES, C.J., and LEWIS, JJ., concur.

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