final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Division of Administrative Hearings. Robert
L. Kilbride, Administrative Law Judge.
Jo Bondi, Attorney General, and Toni C. Bernstein, Senior
Assistant Attorney General, Tallahassee, for Appellant.
appearance for Appellee.
Department of Revenue appeals the administrative law
judge's Final Administrative Support Order, in which the
father, Carlos Lopez, was ordered to pay child support and
retroactive child support to the mother, Haydie Marquez, on
whose behalf the Department was acting to establish
Lopez's support obligation to their child. See
§409.2557(1) & (2), Fla. Stat. (2017).
dismiss this appeal for lack of standing. "'An
appeal of a wholly favorable judgment must be
dismissed.'" Fla. Dep't of Envtl. Prot. v.
Fla. Reemployment Assistance Appeals Comm'n, 123
So.3d 1154 (Fla. 1st DCA 2012) (quoting Dep't of
Health v. Fresenius Med. Care Holdings, Inc.,
935 So.2d 636, 637 (Fla. 1st DCA 2006)); see also Friends
of Perdido Bay, Inc. v. Fla. Dep't of Envtl. Prot.,
44 So.3d 650, 651 (Fla. 1st DCA 2010) (dismissing
cross-appeal, after appellants voluntarily dismissed appeal,
because cross-appellants were the prevailing parties below
and were neither adversely affected by any provision of the
order under review nor faced any consequences by the
application of the challenged statutory provision); Fla.
Comm'n on Hurricane Loss Projection Methodology v. State,
Dep't of Ins., 716 So.2d 345, 346 (Fla. 1st DCA
1998) (declining to examine an administrative law judge's
rationale for a ruling at the behest of the party in whose
favor the administrative law judge ruled); Gen. Dev.
Utils., Inc. v. Fla. Pub. Serv. Comm'n, Div. of
Admin. Hearings, 385 So.2d 1050, 1051 (Fla. 1st DCA
1980) ("It is a long standing rule that a judgment or
decree wholly in favor of a party may not be appealed by him,
for he is not aggrieved thereby.").
Bilbrey and Jay, JJ, concur;
Winokur, J, concurs with opinion.
Winokur, J., concurring.
with the majority that we should dismiss this appeal because
the Department of Revenue (DOR) does not have standing to
challenge the Final Administrative Support Order (Order), on
the ground that the Order is "wholly favorable" to
DOR. See Fla. Dep't of Envtl. Prot. v. Fla.
Reemployment Assistance Appeals Comm'n, 123 So.3d
1154 (Fla. 1st DCA 2012). But even if we did not dismiss this
appeal for lack of standing, I would reject DOR's
argument and affirm the Order.
Marquez, the mother of the child, was receiving Medicaid, DOR
offered her their services in obtaining child support from
Lopez, the father. Marquez accepted these services and DOR
instituted a proceeding to establish an administrative
support order on behalf of Marquez. DOR then filed a proposed
administrative support order, which Lopez disputed and
exercised his right to a hearing before an administrative law
judge (ALJ). The caption of the hearing before the ALJ was
"DEPARTMENT OF REVENUE AND HAYDIE MARQUEZ, Petitioners,
vs. CALIXTO MANUEL LOPEZ, Respondent." After the
hearing, the ALJ filed the Order, which ordered Lopez to pay
current and retroactive child support and which offered any
party "who is adversely affected" by the Order the
right to appeal to this court. See also §
120.68 and 409.2563(10)(a), Fla. Stat. DOR appealed, without
explaining how it, or Marquez, was "adversely
affected" by this Order. Lopez did not appeal or
appeal to this court, the only argument DOR makes in its
initial brief is that the ALJ erred in calculating
retroactive support because it "charged [Lopez]
twice" for his June 2017 income. DOR does not describe
how this alleged error adversely affects it or Marquez. It
appears instead that the alleged error adversely affects
Lopez, who neither ...