STATE OF FLORIDA, APPELLANT,
v.
WILLIE HART, APPELLEE

Fla. 4th DCA | 1993-09-08
No. 93-0776
POLEN and KLEIN, JJ., concur., STONE, J., dissents with opinion.
623 So. 2d 836 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

POLEN and KLEIN, JJ., concur.

STONE, J., dissents with opinion.

Dissent
STONE, Judge,

STONE, Judge,

dissenting.

I would reverse on the authority of California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991).


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    …dential responsibility must show a change of circumstances in order to justify the relocation.”). The correct procedure for bringing an asserted change of circumstances to the trial court’s attention is by petition. See, e.g., Ventriglia v. Vaughan, 623 So. 2d 836 (Fla. 2d DCA 1993) (noting that the filing of a petition is the proper procedure by which to seek a modification of visitation rights). We conclude, therefore, that the trial court correctly required petitioner to file a petition. Although the cour…
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