TERRI D. LEWIS, APPELLANT,
v.
DONALD E. LEWIS, JR., APPELLEE
TERRI D. LEWIS, APPELLANT,
DONALD E. LEWIS, JR., APPELLEE
725 So. 2d 462
Florida District Court of Appeal, Second District (1999)
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Cited by 8 cases
Opinion of the Court
PER CURIAM.
Ms. Lewis, the mother of the parties’ minor child, challenges a trial court’s non-final order awarding temporary custody of the child to Mr. Lewis, the father of the child. Because the father’s motion failed to satisfy the requisite grounds which would have allowed the trial court to enter an order on an emergency motion for temporary change of custody, we reverse. See Wilson v. Roseberry, 669 So. 2d 1152 (Fla. 5th DCA 1996).
Reversed and remanded for further proceedings consistent herewith.
PATTERSON, A.C.J., and NORTHCUTT and SALCINES, JJ., Concur.
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FEE v. Usler, 761 So. 2d 361 (Fla. 5th DCA 2000)…y). The appealed order must accordingly be reversed. We remand for further evidentiary proceedings, if needed. REVERSED and REMANDED. THOMPSON, J., concurs. ORFINGER, M., Senior Judge, concurs specially with opinion. . See, e.g., Lewis v. Lewis, 725 So. 2d 462 (Fla. 2d DCA 1999) (reversing order transferring temporary custody to father, where father’s motion failed to satisfy requisites which would permit entry of emergency order); Simmons v. Simmons, 698 So. 2d 947 (Fla. 4th DCA 1997) (reversing entry of…
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Safa Suleiman v. Basem Yunis, 168 So. 3d 319 (Fla. 5th DCA 2015)…entered without notice, with insufficient notice, or with insufficient opportunity to be heard.” R.P. v. Dep’t of Children & Families, 773 So. 2d 129, 130 (Fla. 5th DCA 2000) (citing Fee v. Usler, 761 So. 2d 361 (Fla. 5th DCA 2000); Lewis v. Lewis, 725 So. 2d 462 (Fla. 2d DCA 1999); Simmons v. Simmons, 698 So. 2d 947 (Fla. 4th DCA 1997)). “In order to prevail on a request for a temporary modification of custody, the moving party must meet the burden of proving that (1) a substantial change in the condition…
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R.P. v. Dep't of Child. & Families, 773 So. 2d 129 (Fla. 5th DCA 2000)…advance notice. Courts have consistently reversed temporary custody orders entered without notice, with insufficient notice, or with insufficient opportunity to be heard. See, e.g., Fee v. Usler, 761 So. 2d 361 (Fla. 5th DCA 2000); Lewis v. Lewis, 725 So. 2d 462 (Fla. 2d DCA 1999); Simmons v. Simmons, 698 So. 2d 947 (Fla. 4th DCA 1997). Here, it is undisputed that no emergency existed that would justify the absence of adequate and reasonable notice. Accordingly, we vacate the order granting temporary custod…
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- Wilson v. Blaine Alan Roseberry, 669 So. 2d 1152 (Fla. 5th DCA 1996)