MARY CATHERINE ESTES, APPELLANT,
v.
ALBERT VESTER ESTES, SR., APPELLEE
MARY CATHERINE ESTES, APPELLANT,
ALBERT VESTER ESTES, SR., APPELLEE
373 So. 2d 965
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Although both counsel were at fault in not filing financial affidavits of their clients before the scheduled hearing on child support, the record as reconstituted shows that appellant’s counsel did object to the court ruling on the child support issue on the basis of financial affidavits yet to be filed, concerning which counsel had no opportunity to cross-examine. Fla.R.Civ.P. 1.611. It does not appear that other evidence sufficient to justify the support award was adduced regularly before the court. See Hagin v. Hagin, 353 So. 2d 949 (Fla.2d DCA 1978).
REVERSED.
MILLS, C. J. and ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marrero v. Marrero, 472 So. 2d 886 (Fla. 3d DCA 1985)…osch v. Elkins, 419 So. 2d 1127 (Fla. 3d DCA 1982); Lacy v. Lacy, 413 So. 2d 472 (Fla. 2d DCA 1982); Frumkes v. Frumkes, 349 So. 2d 823 (Fla. 3d DCA 1977). We further note the failure of the mother to adequately respond to discovery. Estes v. Estes, 373 So. 2d 965 (Fla. 1st DCA 1979); Compare Wilson v. Wilson, 351 So. 2d 1029 (Fla. 4th DCA 1976). The order increasing child support is reversed with directions to deny the petition for increase. Reversed and remanded with directions.…
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Hedwig Anderson v. Anderson, 642 So. 2d 1121 (Fla. 1st DCA 1994)…ld v. Seinfeld, 363 So. 2d 19 (Fla. 3d DCA 1978), cert. denied, 372 So. 2d 471 (Fla.1979). Accordingly, we conclude that she waived her opportunity to seek fees, and therefore affirm the omission of such award in the final order. See Estes v. Estes, 373 So. 2d 965 (Fla. 1st DCA 1979). AFFIRMED. ZEHMER, C.J., ERVIN, J„ and SMITH, LARRY G., Senior Judge, concur.…
Authorities Cited
- Lorita J. Hagin v. Hagin, 353 So. 2d 949 (Fla. 2d DCA 1978)