DAVID RIVERA, A/K/A RICHARD HIGHTOWER, APPELLANT,
v.
LUCINDA ELAINE RIVERA, APPELLEE
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The court held that the trial court erred by setting the final hearing less than 30 days after service of the notice of hearing, violating Fla.R.Civ.P. 1.440(c).
The notice of final hearing was dated August 1, 1989, and the final hearing was held on August 9, 1989. The appellant raised several issues on appeal,…
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ZEHMER, Judge.
David Rivera appeals from a final judgment that dissolved his marriage to Lucinda Rivera and reserved jurisdiction to divide the parties’ property.1 We reverse.
Appellant complains on appeal that the trial court abused its discretion by (1) retaining jurisdiction regarding the division of the parties’ property until appellant was released from incarceration and able to appear before the court; (2) conducting an ex parte final judgment hearing; (3) failing to require a court reporter to transcribe the proceedings; (4) failing to allow 30 days to lapse between service of the notice of hearing and the final judgment hearing; and (5) failing to dismiss appellee/former wife’s counterclaim because she failed to acknowledge a demand for discovery. Only one of these issues warrants reversal.
The lower court failed to comply with Fla.R.Civ.P. 1.440(c) in that it set the final hearing less than 30 days from service of the notice of hearing. The notice of final hearing is dated August 1, 1989, and the final hearing was held August 9,1989. See Broussard v. Broussard, 506 So. 2d 463 (Fla. 2d DCA 1987). This error requires reversal and remand for a new trial.
REVERSED AND REMANDED.
MINER and ALLEN, JJ., concur. . This is a partial judgment of dissolution which is final insofar as it dissolves the marital status of the parties. See Galbut v. Garfinkl, 340 So. 2d 470 (Fla.1977). This court has jurisdiction to review the partial final judgment pursuant to Fla.R.App.P. 9.110(k).
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BAC Home Loans Servicing L.P. v. Parrish, 146 So. 3d 526 (Fla. 1st DCA 2014)…he service of the notice for trial.” Fla. R. Civ. P. 1.440(c). In this case, the order setting the trial was rendered on March 14, 2013, only twenty-eight days before the scheduled date for trial. This constitutes reversible error. Rivera v. Rivera, 562 So. 2d 833, 834 (Fla. 1st DCA 1990); see also 4 Fla. Prac., Civil Procedure § 1.440:8 (“A court’s failure to give the minimum 30-day notice required by subdivision (c) of the rule similarly renders any judgment entered defective.”). Second, the trial court’s…
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Shepardson v. Shepardson, 820 So. 2d 360 (Fla. 1st DCA 2002)…of the parties, bifurcates the proceedings and continues the remaining issues for disposition at a later date. Relying upon supreme court precedent, we have held such an order appealable as a “partial judgment of dissolution.” See Rivera v. Rivera, 562 So. 2d 833 (Fla. 1st DCA 1990). The appel-lee cites Klein v. Klein, 551 So. 2d 1235 (Fla. 3d DCA 1989), and Hoffman v. O’Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002), in support of the argument that the order is a nonfinal, nonappealable order. But neither of t…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lenora Jackson v. State, 340 So. 2d 470 (Fla. 1976)
- Broussard v. Broussard, 506 So. 2d 463 (Fla. 2d DCA 1987)
- Galbut v. Garfinkl, 340 So. 2d 470 (Fla. 1976)