JOHN HERNANDEZ, APPELLANT,
v.
SUDAN HERNANDEZ, APPELLEE
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PER CURIAM.
After a decree of dissolution of marriage has become final, service of a notice, upon the attorney who represented the petitioner in the original divorce action, of a hearing to enforce or modify that decree is not adequate or proper where (1) it does not result in petitioner receiving notice of the proceeding, and (2) the attorney disclaims continued representation of the petitioner. See Moore v. Lee, 72 So. 2d 280 (Fla.1954); Ginsberg v. Ginsberg, 122 So. 2d 30 (Fla. 3d DCA 1960).
An order of contempt for nonpayment of alimony and support which lacks specific findings that the petitioner either (1) has the ability to comply with the order and willfully refuses to do so, or (2) previously had the ability to comply but divested himself of that ability through his fault or neglect designed to frustrate the intent and purpose of the order, is fatally defective. Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Niki Unlimited, Inc. v. Legal Servs. OF Greater Miami, 483 So. 2d 46 (Fla. 3d DCA 1986)…ay appeal period. Fla.R.App.P. 9.110(b). Thus, because the action was still pending and Greenberg had not officially withdrawn as counsel for Niki, Fla.R.Admin.P. 2.060(i), notice to Greenberg constituted service on Niki. Cf. Hernandez v. Hernandez, 478 So. 2d 458 (Fla.3d DCA 1985) (service upon an attorney for petitioner in original divorce action of notice of hearing to enforce or modify dissolution decree not sufficient after dissolution decree became final). Under these circumstances, Niki’s failure to ap…
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Pradas v. Pradas, 561 So. 2d 6 (Fla. 3d DCA 1990)…ough his fault or neglect designed to frustrate the intent and purpose of the order.” Faircloth v. Faircloth, 339 So. 2d 650, 651 (Fla.1976), receded from on other grounds sub nom., Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); Hernandez v. Hernandez, 478 So. 2d 458 (Fla. 3d DCA 1985); Acosta v. Acosta, 409 So. 2d 196 (Fla. 3d DCA 1982). Because the trial court failed to set forth specific findings, we hold that the order of contempt is fatally defective. Reversed and remanded.…
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Bridges v. Bridges, 520 So. 2d 318 (Fla. 2d DCA 1988)…aining notice of the hearing. Under the present circumstances, we cannot conclude that service of notice to Bennett provided adequate or proper notice to former husband. Ginsberg v, Ginsberg, 122 So. 2d 30 (Fla. 3d DCA 1960); Hernandez v. Hernandez, 478 So. 2d 458 (Fla. 3d DCA 1985). Reversed and remanded, without prejudice to the former wife to renew her motion upon proper notice. LEHAN, A.C.J., and THREADGILL, J., concur.…
Authorities Cited
- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
- Moore v. LEE, 72 So. 2d 280 (Fla. 1954)
- Burton Ginsberg v. Ginsberg, 122 So. 2d 30 (Fla. 3d DCA 1960)