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HANNA v. DEPARTMENT OF REVENUE

No. 3D09-75.

16 So.3d 879 (2009)

James HANNA, Appellant, v. DEPARTMENT OF REVENUE o/b/o Kimberly SMITH, Appellee.

District Court of Appeal of Florida, Third District.

July 1, 2009.

Attorney(s) appearing for the Case

James Hanna, in proper person.

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

Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

CONFESSION OF ERROR

Based on the State's proper confession of error, we find that the record lacks competent, substantial evidence to support the trial court's order requiring the appellant to pay child support. The State concedes that the Department's failure to consider the other children residing with the appellant when calculating the child support guidelines is error and, accordingly, reversal is warranted. See Speed v. Dep't of...

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