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McKenzie v. Dept. of Revenue

District Court of Appeal of Florida, Third District
May 28, 2008
981 So. 2d 1289 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D07-358.

May 28, 2008.

An Appeal from the State of Florida, Department of Revenue.

Sullavin McKenzie, in proper person.

Bill McCollum, Attorney General, and Toni C. Bernstein, Assistant Attorney General, for appellee.

Before COPE, WELLS, and LAGOA, JJ.


CONFESSION OF ERROR


Based on the State's confession of error, we find that the record lacks competent, substantial evidence to support the trial court's order requiring appellant to pay child support. The State concedes that the child support guidelines worksheet is not contained in the record and, accordingly, reversal is warranted. See Long v. Long, 916 So.2d 823, 824 (Fla. 2d DCA 2005) (holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet). We reverse and remand for an evidentiary hearing, which shall include a determination of support obligations pursuant to a child support guidelines worksheet.

Reversed and remanded for further proceedings consistent with this opinion.


Summaries of

McKenzie v. Dept. of Revenue

District Court of Appeal of Florida, Third District
May 28, 2008
981 So. 2d 1289 (Fla. Dist. Ct. App. 2008)
Case details for

McKenzie v. Dept. of Revenue

Case Details

Full title:Sullavin McKENZIE, Appellant, v. DEPARTMENT OF REVENUE on Behalf of Nancy…

Court:District Court of Appeal of Florida, Third District

Date published: May 28, 2008

Citations

981 So. 2d 1289 (Fla. Dist. Ct. App. 2008)