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DEPARTMENT OF REVENUE v. SELLES

No. 1D10-0783.

47 So.3d 916 (2010)

DEPARTMENT OF REVENUE, obo Wendy R. SMITH, Appellant, v. Ephraim SELLES, Appellee.

District Court of Appeal of Florida, First District.

November 10, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Toni C. Bernstein , Senior Assistant Attorney General, Tallahassee, for Appellant.

Ira Marcus and Sloan Alexander Carr of Ira Marcus, P.A., Fort Lauderdale, for Appellee.

BENTON, J.

The Department of Revenue (DOR) appeals a final order entered by an Administrative Law Judge (ALJ), contending that neither the ALJ nor the Division of Administrative Hearings (DOAH) had subject matter jurisdiction to require the mother on whose behalf DOR had initiated a proceeding under section 409.2563, Florida Statutes (2009), to pay child support, where DOR had not referred that question for adjudication and...

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