FRANCINA PACE, APPELLANT,
v.
LARRY PACE, APPELLEE
FRANCINA PACE, APPELLANT,
LARRY PACE, APPELLEE
471 So. 2d 680
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The order under review is reversed upon the authority of Sweetland v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984), and authorities collected therein. The law is well-settled that a trial court may not modify a prior child support award where, as here, no pleading has been filed requesting such modification.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Getelman v. Burton R. Levey, 481 So. 2d 1236 (Fla. 3d DCA 1985)…. We find it unnecessary to respond to this issue because the damage award was not divided between the breach of fiduciary duty count and the fraud count. We cannot therefore determine upon which count the jury assessed damages. See Long v. Bogaert, 471 So. 2d 680 (Fla. 2d DCA 1985); City of Miami v. Harris, Nos. 84-1679, [*1239] 84-2525, 85-1352 (Fla. 3d DCA Dec. 17, 1985). We note that Mr. Getelman did not request separate damage findings for each count pled. Where a verdict can be sustained on any one of t…
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Jackson v. Powell, 546 So. 2d 1145 (Fla. 3d DCA 1989)…reverse the order modifying a child support obligation because there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of [*1146] the requested relief. E.g., Pace v. Pace, 471 So. 2d 680 (Fla. 3d DCA 1985); Sweetland, v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984); Valdes v. Valdes, 460 So. 2d 569 (Fla. 3d DCA 1984). The trial court may not circumvent such required pleadings by ordering a child support modification on its own motio…
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Cline v. Wynn, 481 So. 2d 1304 (Fla. 3d DCA 1986)…PER CURIAM. We vacate the per curiam affirmance entered by opinion filed herein dated November 26, 1985. The order from which the appeal is brought is reversed on authority of Pace v. Pace, 471 So. 2d 680 (Fla. 3d DCA 1985) (a trial court may not modify a prior child support award where no pleading has been filed requesting such modification). Reversed and remanded.…
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- Sweetland v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984)