NOLAN N. OSTEEN, ET AL., APPELLANTS,

v.

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE PEQUOT LAND CO., ET AL., APPELLEES

Citator

Cited By

• Moody v. Moody, 721 So. 2d 731 (Fla. 1st DCA 1998)
  …491 So. 2d 1272, 1273 (Fla. 2d DCA 1986)(“As the order [terminating visitation] adjudicated issues neither presented by the pleadings nor litigated by the parties, it denied the wife fundamental due process and must be reversed.”); Vanoy v. Johnson, 459 So. 2d 453 (Fla. 5th DCA 1984)(reversing contempt order where motion noticed for hearing was petition for modification of custody); Lourcey v. Lourcey, 256 So. 2d 25 (Fla. 1st DCA 1971)(reversing, for lack of jurisdiction, order reducing child support ordered…
• Shaw v. Shaw, 816 So. 2d 540 (Fla. 2002)
  …des the parties notice that judicial authority to take action which is in the children’s best interests may be exercised with regard to available remedies1 that touch and concern the subject matter of the particular proceeding. Cf. Vanoy v. Johnson, 459 So. 2d 453, 454-55 (Fla. 5th DCA 1984) (concluding that the trial court did not err in modifying the mother’s visitation privileges in the context of a validly noticed hearing on the mother’s motion for change of custody, even though she had not sought enlarge…
• Mitchell v. Dep't OF Health & Rehabilitative Servs., 658 So. 2d 1250 (Fla. 4th DCA 1995)
  …rt arrearages. The Department of Health and Rehabilitative Services and the former wife filed a “Notice of Confession of Error” conceding that the order of contempt was entered at a hearing without notice to the former husband. See Vanoy v. Johnson, 459 So. 2d 453 (Fla. 5th DCA 1984); Delves v. Delves, 213 So. 2d 895 (Fla. 1st DCA 1968). We agree that the trial court’s order denied the former husband notice and a fair opportunity to oppose the contempt. REVERSED. GUNTHER, C.J., and POLEN and STEVENSON, JJ…

Authorities Cited

• City OF Jacksonville v. Griffin, 346 So. 2d 988 (Fla. 1977)