GAIL SANDRA COHAN, APPELLANT,
v.
VAUGHN DENNIS COHAN, APPELLEE

Fla. 3d DCA | 1984-11-06
No. 83-2719
Before HENDRY, BASKIN and JOR-GENSON, JJ.
458 So. 2d 405 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with the appellant/wife’s contention that the trial court erred in receiving ex parte evidence affecting her duties as a custodial parent. We, therefore, strike paragraphs 3 and 4 of the order since there is no competent evidence to support them. See In the Interest of Brown, 246 So. 2d 166 (Fla.3d DCA 1971).

The order in all other respects is affirmed as modified.


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  • State v. Theodorus Borsje and Susan Borsje, 566 So. 2d 912 (Fla. 2d DCA 1990)
    …61). Not only did the judge allow the introduction of this ex parte evidence, but he also considered it in making his final judgment, over the objection of DOT. Black letter law has established that this constitutes reversible error. Cohan v. Cohan, 458 So. 2d 405 (Fla. 3d DCA 1984); McGuire v. McGuire, 140 So. 2d 354 (Fla. 2d DCA 1962). Even if we had not reversed this case on the ex parte communication issue, we would reverse on the second issue concern [*914] ing the establishment of the parties’ boundary…

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