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OFFICE OF CHILD SUPPORT ENFORCEMENT v. SIMMONS

No. 93-1688.

641 So.2d 530 (1994)

OFFICE OF CHILD SUPPORT ENFORCEMENT, etc., et al., Appellants, v. Tommy R. SIMMONS, Appellee.

District Court of Appeal of Florida, Fifth District.

September 2, 1994.

Attorney(s) appearing for the Case

David R. Miller, David R. Miller, P.A., Daytona Beach, Sheryl D. Snodgrass and Charles L. Carlton, Carlton & Carlton, P.A., Lakeland, for appellants.

John I. Merritt, Merritt & Watson, Eustis, for appellee.

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

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