07-4394 SIDDIQ B. A. ASAD v. DEPARTMENT OF REVENUE, O/B/O, LESLIE F. JONES

State: Florida

Court: Florida First District Court

Docket No: 07-4394

Case Date: 02/11/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SIDDIQ B.A. ASAD, Appellant, v. DEPARTMENT OF REVENUE, o/b/o, LESLIE F. JONES, Appellee. ______________________________/ Opinion filed February 11, 2008. An appeal from the Circuit Court for Escambia County. W. Joel Boles, Judge. Siddiq B.A. Asad, pro se, Appellant. Bill McCollum, Attorney General, William H. Branch, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D07-4394

PER CURIAM. Appellant seeks review of an order of the circuit court which approved and adopted the finding of a child support enforcement hearing officer determining appellant to be the father of a child. Because appellant contested the paternity issue, the hearing officer was without jurisdiction to resolve this issue under Florida Rule

of Family Law Procedure 12.491(e) and appellee properly confesses error. We accordingly reverse the order on appeal and remand to the circuit court for further proceedings before a circuit judge on the paternity question. WEBSTER, KAHN, and ROBERTS, JJ., CONCUR.

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