CARMEN TORRES, AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
MICHAEL MARZELLI, APPELLEE

Fla. 4th DCA | 1995-07-12
No. 94-2399
GLICKSTEIN, STONE and WARNER, JJ., concur.
657 So. 2d 943 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 4 cases
Topics
Modification Of Custody Substantial Change In Circumstances Child Support Modification

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a June 23,1994, “order setting aside and elarifying/modifying custody and support provisions of amended agreed final judgment of paternity and support dated May 2, 1994.” That order followed a hearing on the appellee’s objection to and motion to set aside the May 2 judgment.

The trial court properly found that the May 2 judgment was not valid. It then modified the provisions in the May 2 judgment regarding custody, visitation, and child support. The 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 resolve the objections to the March 12 judgment.

REVERSED AND REMANDED.

GLICKSTEIN, STONE and WARNER, JJ., concur.

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  • T.H. v. State, 658 So. 2d 1161 (Fla. 2d DCA 1995)
    …uent. The supreme court has held that socks are “items of personal apparel” that do not fall within the definition of burglary tools in section 810.06, Florida Statutes (1993). Green v. State, 604 So. 2d 471 (Fla.1992); see also Mitchell v. State, 657 So. 2d 943 (Fla. 2d DCA 1995). The state argues that Green controls only when the apparel is worn for its intended use. We do not find language in that case which limits the holding to those instances. Rather, Green holds that section 810.06 does not contain a…
  • Chaphe v. Chaphe, 19 So. 3d 1019 (Fla. 1st DCA 2009)
    …efect 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.” Pursuant to the settlement agreement, either party i…
  • Spaeth v. Spaeth, 693 So. 2d 573 (Fla. 2d DCA 1997)

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