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STATE, DEPT. OF REVENUE v. CARBONARO

No. 96-01194.

712 So.2d 1225 (1998)

STATE of Florida, DEPARTMENT OF REVENUE, on Behalf of Sharon L. CARBONARO, Appellant, v. Michael J. CARBONARO, Appellee.

District Court of Appeal of Florida, Second District.

June 26, 1998.

Attorney(s) appearing for the Case

Geraldyne H. Carlton and Charles L. Carlton of Carlton & Carlton, P.A., Lakeland, for Appellant.

No brief filed on behalf of Appellee.

ALTENBERND, Judge.

The Department of Revenue, on behalf of Sharon L. Carbonaro, appeals an order establishing support owed by Michael J. Carbonaro for his three children. The trial court ordered support retroactive only to the date the father was served, and not to the date the petition was filed. We reverse the trial court's decision because the factual issues relating to the question of retroactivity were never tried.

In 1982, Mr. and Mrs. Carbonaro were...

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