BARBARA J. ANTHONY AND THE STATE OF FLORIDA, DEPT. OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
JAMES N. SNELL, APPELLEE
PER CURIAM.
Appellant, the custodial parent, seeks review of an order reducing the appellee’s child support obligation. The trial court’s modification order was issued in the context of contempt proceedings against the appellee, where no petition for modification had been filed and no notice was given to the appellants that modification was at issue. ' A motion for contempt does not provide a legal basis for the trial court to modify child support. Morgan v. Morgan, 429 So. 2d 432 (Fla. 1st DCA 1983); Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989). Consequently, the order of modification is REVERSED.
BOOTH, MINER and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (14 total)
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Schwarz v. State, 695 So. 2d 452 (Fla. 4th DCA 1997)…4th DCA 1989), Quarrel v. Minervini, 510 So. 2d 977 (Fla. 3d DCA 1987), Tallahassee Memorial v. Mitchell, 407 So. 2d 601 (Fla. 1st DCA 1981). Nor are statements in a treatise admissible during the direct examination of an expert, Green v. Goldberg, 630 So. 2d 606 (Fla. 4th DCA 1993), although they can be used on cross-examination of an expert. § 90.706, Fla. Stat. Consistent with Florida cases holding that experts cannot bolster their opinions with treatises are cases from other jurisdictions holding that e…
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Erwin v. Todd, 699 So. 2d 275 (Fla. 5th DCA 1997)…tion 90.706, authoritative publications can only be used during the cross-examination of an expert and cannot be used to bolster the credibility of an expert or to supplement an opinion of the expert which has already been formed. Green v. Goldberg, 630 So. 2d 606 (Fla. 4th DCA 1993); Chorzelewski v. Drucker, 546 So. 2d 1118 (Fla. 4th DCA 1989); Quarrel v. Minervini, 510 So. 2d 977 (Fla. 3d DCA 1987), rev. denied, 519 So. 2d 987 (Fla.1988); Medina v. Variety Children’s Hospital, 438 So. 2d 138 (Fla. 3d DCA 19…
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Geiger v. Geiger, 632 So. 2d 693 (Fla. 1st DCA 1994)…a. 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. Snell, 630 So. 2d 606 (Fla. 1st DCA 1993) (modification of child support reversed as beyond the scope of contempt proceedings and parties not noticed that modification would be at issue). The more difficult question presented is whether appellant waived any due process v…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scherlene K. Morgan v. Morgan, 429 So. 2d 432 (Fla. 1st DCA 1983)
- Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989)
- Paul v. State, 548 So. 2d 297 (Fla. 4th DCA 1989)