Castro v. Goemaere

The facts and procedural posture of this case are such that we need not decide whether the Secretary can, in an appropriate proceeding, obtain a judicial order of setoff. Furthermore, the propriety of the Secretary’s ad-, ministrative setoff has not been properly challenged by plaintiff.

Plaintiff’s appeal is before us on the denial of his motion to set aside a consent judgment. The trial court’s comment from the bench, that it saw "nothing wrong with the action of the Secretary of State”, made at the conclusion of the hearing, was not a judicial determination that the statute permitted the…