STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND WANDA WHITE, APPELLANTS,
v.
HORACE COLONEL, APPELLEE
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PER CURIAM.
The appellants challenge an order in which the court retroactively reduced the appellee’s child support obligation. This order was entered despite the appellants’ assertion that they desired the opportunity to present further evidence and that the court was exceeding the announced scope of the hearing. Because the hearing was held upon motion and notice addressed to the appellee’s contempt of court for failing to comply with the exist ing support obligation, the court should not have effected a modification of the support obligation in this proceeding. See Department of Health and Rehabilitative Services v. Porbansky, 569 So. 2d 815 (Fla. 5th DCA 1990); Department of Health and Rehabilitative Services v. Nolden, 556 So. 2d 1176 (Fla. 5th DCA 1990); Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989). The challenged order is therefore reversed, and the cause remanded.
ERVIN, BOOTH and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. Williams, 690 So. 2d 601 (Fla. 1st DCA 1996)…er an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opposing party an opportunity to be heard with respect to the proposed relief. State, Department of Health and Rehabilitative Services v. Colonel, 627 So. 2d 1320, 1321 (Fla. 1st DCA 1993), cause dismissed, 642 So. 2d 746 (Fla.1994); Jackson v. Powell, 546 So. 2d 1145, 1146 (Fla. 3d DCA 1989). The record in this case reflects that neither the pretrial statement nor the wife’s pleadings sought the relief awar…
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Wright v. Wright, 654 So. 2d 674 (Fla. 5th DCA 1995)…(Fla. 3d DCA 1967), elementary notions of procedural due process which include notice and a meaningful opportunity to be heard apply to support modification proceedings. See, e.g., State, Department of Health and Rehabilitative Services v. Colonel, 627 So. 2d 1320 (Fla. 1st DCA 1993), caused dismissed, 642 So. 2d 746 (Fla.1994); Hammond v. Hammond, 492 So. 2d 837 (Fla. 5th DCA 1986). Cf. Pefaur v. Pefaur, 626 So. 2d 1025 (Fla. 3d DCA 1993). Thus, a spouse who seeks to modify an existing temporary support awa…
Authorities Cited
- Dep't OF Health & Rehabilitative Servs. v. Porbansky, 569 So. 2d 815 (Fla. 5th DCA 1990)
- Myers v. Tobin, 556 So. 2d 1176 (Fla. 3d DCA 1990)
- Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989)
- Paul v. State, 548 So. 2d 297 (Fla. 4th DCA 1989)