STATE OF FLORIDA, DEPARTMENT OF REVENUE ON BEHALF OF LINDA D. HICKS, APPELLANT,
v.
FRANKLIN O. HICKS, APPELLEE
STATE OF FLORIDA, DEPARTMENT OF REVENUE ON BEHALF OF LINDA D. HICKS, APPELLANT,
FRANKLIN O. HICKS, APPELLEE
681 So. 2d 812
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order of visitation because “[i]t was plainly improper, and clearly in violation of the appellant’s due process rights, to hear and determine matters which were not the subject of appropriate pleadings or notice.” Barreiro v. Barreiro, 377 So. 2d 999, 1000 (Fla. 3d DCA 1979). Accord Hully v. Hully, 653 So. 2d 1138 (Fla. 2d DCA 1995). Our reversal is without prejudice to the appellee filing an appropriate pleading requesting the establishment of visitation rights, followed by a properly noticed hearing.
Reversed and remanded.
RYDER, A.C.J., and LAZZARA and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Willis v. Willis, 818 So. 2d 530 (Fla. 2d DCA 2002)…reverse the order of temporary custody. This decision has the effect also of reversing the injunction against removing the child from the court’s jurisdiction, which was improperly entered without notice. See Dep’t of Revenue ex rel. Hicks v. Hicks, 681 So. 2d 812, 812 (Fla. 2d DCA 1996) (holding that it was a due process violation to determine matters that were not the subject of appropriate pleadings or notice). Reversed and remanded for further proceedings. NORTHCUTT, J., and RAMSBERGER, PETER, ASSOCIATE…
Authorities Cited
- Barreiro v. Barreiro, 377 So. 2d 999 (Fla. 3d DCA 1979)
- Hully v. Hully, 653 So. 2d 1138 (Fla. 2d DCA 1995)