SUZANNE TAUNTON, APPELLANT,
v.
BENJAMIN TILTON, APPELLEE

Fla. 5th DCA | 1996-05-10
No. 95-1528
DAUKSCH and W. SHARP, JJ., concur.
673 So. 2d 149 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 8 cases

Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Following a hearing on a motion for clarification of visitation rights, the court modified the visitation schedule to substantially increase the father’s summer and Christmas visitation. While we take no position on the merits of the court’s action, we reverse because a request for modification was neither made nor noticed. See Bates v. Wishart, 545 So. 2d 906 (Fla. 2d DCA1989).

REVERSED and REMANDED.

DAUKSCH and W. SHARP, JJ., concur.


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  • Card v. State, 682 So. 2d 173 (Fla. 4th DCA 1996)
    …attempted sexual battery is “with great force.” We reverse and remand to the trial court with instructions to correct the written judgment by eliminating the words “with great force” from the attempted sexual battery conviction. See Monroe v. State, 673 So. 2d 149,150 (Fla. 1st DCA 1996). The trial court orally ordered appellant to serve fifteen years probation following his release from prison without indicating to which counts the probationary term applied. The written sentences for all counts included fi…
  • Bruce v. State, 687 So. 2d 1322 (Fla. 5th DCA 1997)
    …total and an increased sentencing range — from a correct recommended sentence of 2½ — 3½ years up to 3½— 4½ years — for the sexual battery offense. See Fla.R.Crim.P. 3.988(d). This error was thus prejudicial and requires remand. See Monroe v. State, 673 So. 2d 149 (Fla. 1st DCA 1996) (holding that because the removal of the 1994 offenses from the 1993 scoresheet resulted in a lowering of the sentencing range by one cell, remand for resentencing upon a properly calculated scoresheet was required). In the insta…
  • Parks v. State, 697 So. 2d 964 (Fla. 1st DCA 1997)
    …copies of the actual scoresheets to the order to refute the appellant’s claim. Although attachment of the scoresheets would not be necessary if the appellant was convicted and sentenced pursuant to plea agreements in both eases, see Monroe v. State, 673 So. 2d 149 (Fla. 1st DCA 1996), there is no indication in the record before us that the appellant was sentenced pursuant to a plea agreement in either case. Without copies of the appellant’s guidelines scoresheets or plea agreements, we cannot conduct a meanin…

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