JUAN REYNALDO FORTE, APPELLANT,
v.
CARLOS TORRES AND CARIDAD TORRES, APPELLEES

Fla. 3d DCA | 1982-02-12
No. 82-268
Before HENDRY, SCHWARTZ and BASKIN, JJ.
409 So. 2d 260 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Treating this proceeding as an appeal from a non-final order relating to child custody under Fla.R.App.P. 9.130(a)(3)(C)(i-ii), we reverse and hold for naught the order of January 21, 1982, which was improperly entered totally without notice to the appellant, the father of the child, or evidentiary hearing. The child shall be at once returned to the place she was residing immediately prior to the order. No motion for rehearing shall be entertained and the mandate shall issue forthwith.

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Cited By

  • Offerman v. Offerman, 643 So. 2d 1184 (Fla. 5th DCA 1994)
    …an immediate hearing concerning the terms and conditions of [the] custody/visitation order.” We grant the motion and stay the order awarding the HUSBAND temporary custody of the children. The children shall be returned to the WIFE. Forte v. Torres, 409 So. 2d 260 (Fla. 3d DCA 1982). MOTION FOR STAY GRANTED; REMANDED with instructions. GOSHORN, PETERSON and THOMPSON, JJ., concur. . Fla.R.App.P. 9.310(f).…
  • Crooks v. Crooks, 657 So. 2d 918 (Fla. 4th DCA 1995)
    …Florida Statutes, or rule 1.610, Florida Rules of Civil Procedure, it cannot be entered without sworn evidence. Swartsell v. Swartsell, 615 So. 2d 825 (Fla. 4th DCA 1993); Leinenbach v. Leinenbach, 634 So. 2d 252 (Fla. 2d DCA 1994); Forte v. Torres, 409 So. 2d 260 (Fla. 3d DCA 1982); Alarcon v. Alarcon, 370 So. 2d 105 (Fla. 3d DCA 1979). It is now several months since entry of the ex parte order and this court has no information as to what, if anything, has occurred in the interim. Appellant had the opportu…

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