Opinion
Case No. 2D01-1871.
Opinion filed March 5, 2003.
Appeal from the Circuit Court for Pinellas County; Walt Logan, Judge.
Charles J. Crist, Jr., Attorney General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellant.
No appearance for Appellee.
The Department of Revenue (DOR) appeals the trial court's order declining to hold John Wells, Jr., in contempt for failure to pay child support. DOR argues that the trial court violated Florida Family Law Rule of Procedure 12.491 by rejecting the hearing officer's recommended order in its entirety rather than exercising one of the options set forth in rule 12.491(f). We agree and, therefore, reverse.
The orders entered in this case by the hearing officer and the trial court are virtually identical to the orders entered in Department of Revenue ex rel. Greene v. Bush, No. 2D01-1883 (Fla. 2d DCA Feb. 28, 2003). Likewise, the issues raised in this appeal are the same. For the reasons explained in Bush, we reverse and remand for further proceedings.
Reversed and remanded.
WHATLEY and CASANUEVA, JJ., Concur.