07-6489 BOBBY F. BOWERS, JR., v. STATE, DEPARTMENT OF REVENUE on behalf of TERESA L. MORGAN

State: Florida

Court: Florida First District Court

Docket No: 07-6489

Case Date: 03/05/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BOBBY F. BOWERS, JR., Appellant, v. STATE, DEPARTMENT OF REVENUE on behalf of TERESA L. MORGAN, Appellee. _____________________________/ Opinion filed March 5, 2009. An appeal from an order of the Department of Revenue. Bobby F. Bowers, Jr., pro se, Appellant. Bill McCollum, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-6489

PER CURIAM. Bobby F. Bowers, Jr., appeals a final administrative child support order which establishes his current as well as his retroactive child support obligation. Bowers argues that the actual amount of child support already paid by him was not

disclosed below. Bowers has not demonstrated, however, that he timely sought to introduce such specific evidence into the record below. Bowers further argues that, because his financial condition has changed since entry of the support order, the amount of child support ordered should be "reevaluated." As a court of review, this court is precluded from considering matters outside of the record of the proceedings below. Thomber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988). Because Bowers has not established any basis for reversible error on the record, the order is affirmed. See Hillsborough County Bd. v. Pub. Employees Relations Comm'n, 424 So. 2d 132 (Fla. 1st DCA 1982) (explaining that an appeal is not an evidentiary proceeding, so an appellate court will not consider evidence not presented to the lower tribunal because function of appellate court is to determine whether lower tribunal committed error based upon the issues and evidence before it). AFFIRMED. WEBSTER, VAN NORTWICK AND THOMAS, JJ., CONCUR.

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