GOLDMAN-LINK, P.A. AND DONNA G. GOLDMAN, APPELLANTS,

v.

MICHAEL KERNER AND ELLEN KERNER, APPELLEES

Citator

Cited By

• Geiger v. Geiger, 632 So. 2d 693 (Fla. 1st DCA 1994)
  …or a modification, wife had a right to expect that no ruling on modification would be rendered. It has been held that a ruling on modification constitutes a jurisdictional defect where no pleading requested such modification. Leibowitz v. Leibowitz, 611 So. 2d 629 (Fla. 4th DCA 1993) (citing Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989) (finding modification of child support exceeded scope of contempt proceeding and constituted deprivation of due process)); see also Anthony and State, Dept, of HRS v. Sne…
• Torres v. Marzelli, 657 So. 2d 943 (Fla. 4th DCA 1995)
  …e Appellant argues that this modification was error because there was no petition to do so, no notice that it would be done, and no showing of a substantial change in circumstances warranting modification. We agree. See e.g., Leibowitz v. Leibowitz, 611 So. 2d 629 (Fla. 4th DCA 1993). Before the May 2 judgment, the trial court had entered an agreed amended final judgment dated March 12, to which appellant had objected. Because the May 2 judgment was correctly set aside, we remand for further proceedings to…
• Chaphe v. Chaphe, 19 So. 3d 1019 (Fla. 1st DCA 2009)
  …dification of a judgment constitutes a jurisdictional defect where there has been no pleading requesting modification. See Anthony, State Dep’t of Health and Rehabilitative Servs. v. Snell, 630 So. 2d 606 (Fla. 1st DCA 1993); Leibowitz v. Leibowitz, 611 So. 2d 629 (Fla. 4th DCA 1993); Torres v. Marzelli 657 So. 2d 943 (Fla. 4th DCA 1995). The former wife further argues that the trial court also erred in ordering the former husband to pay only “one-half of her reasonable attorney’s fees related to this matter…

Authorities Cited

• Irwin v. Honorable Paul M. Marko, III, 408 So. 2d 677 (Fla. 4th DCA 1981)