JERRY R. GEISLER, APPELLANT,
v.
SHEILA SUE GEISLER, NOW KNOWN AS SHEILA SUE NEWCOMB, APPELLEE
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In this Florida custody case, a trial court enforced an Ohio divorce decree granting custody to the mother without providing the father notice or an opportunity to be heard. The appellate court reversed, holding that enforcement of a foreign custody decree constitutes a custody determination requiring reasonable notice and a full hearing under Florida law.
No. An order directing delivery of custody pursuant to enforcement of a foreign decree is itself a custody determination that requires reasonable notice to all parties and an opportunity to be heard before entry under Florida Statutes section 61.131.
[1] A court order directing the delivery of child custody constitutes a decree under Florida Statutes section 61.1306(4).
[2] Reasonable notice and an opportunity to be heard must be provided to all parties before a court enters a decree concerning child custody, pursuant to Florida Statutes sec…
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Join FLexlaw to unlock all legal intelligence“before a decree is made under this act, reasonable notice and opportunity to be heard shall be given to the contestants”
Establishes the statutory requirement for notice and hearing before entry of any custody decree
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Join FLexlaw to unlock all legal intelligenceThe parties were divorced in Ohio, with the decree awarding custody of their minor children to Sheila Sue Geisler (the mother). Jerry R. Geisler (the …
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RYDER, Judge.
Jerry R. Geisler appeals the order granting immediate custody of the parties’ minor children to appellee Sheila Sue Geisler. We reverse.
Appellee moved on December 15,1980 for enforcement of the terms of an Ohio divorce decree. The motion alleged that a copy of the decree awarding appellee custody of the parties’ children had been filed with the Thirteenth Judicial Circuit Court Clerk, that appellant had physical possession of the children and that appellant had refused to deliver them to appellee. Appel-lee alleged that she was entitled to have the foreign decree enforced under the provisions of section 61.1332, Florida Statutes (1979).
On December 15, 1980, the judge below entered an order giving full force and effect to the Ohio decree, directing that custody be delivered to appellee, and ordering all sheriffs to assist appellee in execution. No notice was given to appellant. The order was signed on the same day the motion was filed and the certificate of service on the motion indicated service to appellant by mail.
Section 61.131, Florida Statutes (1979), provides that “before a decree is made under this act, reasonable notice and opportunity to be heard shall be given to the contestants.... ” Section 61.1306(4) defines “decree” as “a custody determination contained in a judicial decree or order made in a custody proceeding....” After studying the record and brief of appellant,1 we hold that the order below directing delivery of custody to appellee was a decree and that reasonable notice to appellant was required before entry. See Alarcon v. Alarcon, 370 So. 2d 105 (Fla. 3d DCA 1979).
We reverse the order below and remand for a full hearing with proper notice to appellant. Until that hearing is held, we direct that the parties be returned to their prior position so that appellant has physical custody of the minor children.
OTT, Acting C. J., and CAMPBELL, J., concurs.
. We note with disdain that appellee failed to file a brief in this proceeding. Failure to file a brief places an undue burden on the appellate court and reflects an omission of appellee’s responsibility to support the trial court. If the ruling of the trial court is not worthy of support, then appellee ought to confess error and join with the appellant in seeking a reversal.
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Country Place Cmty. Ass'n, Inc. v. J.P. Morgan Mortg. Acquisition Corp., 51 So. 3d 1176 (Fla. 2d DCA 2010)…and reflects an omission of appellee’s responsibility to support the trial court. If the ruling of the trial court is not worthy of support, then appellee ought to confess error and join with the appellant in seeking a reversal. Geisler v. Geisler, 397 So. 2d 1216, 1217 n. 1 (Fla. 2d DCA 1981). Because J.P. Morgan did not own or possess the note and mortgage when it filed its lawsuit, it lacked standing to maintain the foreclosure action. See Bank of N.Y. v. Williams, 979 So. 2d 347, 347 (Fla. 1st DCA 2008);…
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Hernandez v. Hernandez, 406 So. 2d 513 (Fla. 3d DCA 1981)…state need give full faith and credit to the custody decree of a foreign state only when it first finds that the foreign state had jurisdiction of the custody issue, Howard v. Howard, 378 So. 2d 1329 (Fla. 5th DCA 1980), see also Geisler v. Geisler, 397 So. 2d 1216 (Fla.2d DCA 1981), it is apparent that Tina Hernandez had a right to be heard on her claims (a) that Texas was without jurisdiction under its own laws to enter a custody decree; (b) that to the extent Texas law permits courts of that state to exerci…
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Costello v. Davis, 890 So. 2d 1179 (Fla. 2d DCA 2004)…and re-fleets an omission of appellee’s responsibility to support the trial court. If the ruling of the trial court is not worthy of support, then appellee ought to confess error and join with the appellant in seeking reversal.” Geisler v. Geisler, 397 So. 2d 1216, 1217 n. 1 (Fla. 2d DCA 1981).…
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- Alarcon v. Alarcon, 370 So. 2d 105 (Fla. 3d DCA 1979)