MARIA SWARTSELL, APPELLANT,
v.
RALPH SWARTSELL, APPELLEE

Fla. 4th DCA | 1993-03-17
No. 92-3136
GLICKSTEIN, C.J., and ANSTEAD, J., concur., STONE, J., concurs specially with opinion.
615 So. 2d 825 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

[*826] PER CURIAM.

Reversed and remanded for an evidentiary hearing. We agree with appellant that the trial court erred in resolving the issue of temporary custody of the parties’ minor child without conducting an evidentiary hearing. Cf. Pearson v. Caudle, 593 So. 2d 619 (Fla. 4th DCA 1992).

GLICKSTEIN, C.J., and ANSTEAD, J., concur. STONE, J., concurs specially with opinion.

Concurrence
STONE, Judge,

STONE, Judge,

concurring specially.

I agree that the court’s order went too far, given the limited nature of the emergency hearing. However, I would provide that the temporary custody aspect of the order remain in effect until a further temporary hearing is noticed and held.

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Cited By

  • FEE v. Usler, 761 So. 2d 361 (Fla. 5th DCA 2000)
    …for the reasons set forth in the majority opinion. However, I would require an evidentiary hearing and would provide that the temporary aspect of the order remain in effect pending the outcome of the evidentiary hearing. See Swartsell v. Swartsell, 615 So. 2d 825 (Fla. 4th DCA 1993).…
    1 / 2
  • Nattassia Matin v. Hill, 801 So. 2d 1003 (Fla. 4th DCA 2001)
    …ther’s motion to dissolve was an abuse of the trial court’s discretion. We therefore reverse and remand this case to the trial court with instructions to conduct a full evidentiary hearing on the mother’s motion to dissolve. Swartsell v. Swartsell, 615 So. 2d 825, 826 (Fla. 4th DCA 1993). REVERSED and REMANDED for further evidentiary proceedings. POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.…
  • Crooks v. Crooks, 657 So. 2d 918 (Fla. 4th DCA 1995)
    …the temporary custody change and restraining order is founded on section 61.13, Florida Statutes, section 741.30, Florida Statutes, or rule 1.610, Florida Rules of Civil Procedure, it cannot be entered without sworn evidence. Swartsell v. Swartsell, 615 So. 2d 825 (Fla. 4th DCA 1993); Leinenbach v. Leinenbach, 634 So. 2d 252 (Fla. 2d DCA 1994); Forte v. Torres, 409 So. 2d 260 (Fla. 3d DCA 1982); Alarcon v. Alarcon, 370 So. 2d 105 (Fla. 3d DCA 1979). It is now several months since entry of the ex parte order…

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