DAVID LEE LEONARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Burckle v. Burckle, 915 So. 2d 747 (Fla. 2d DCA 2005)
  …enalize the children for the parent’s contumacious conduct.” VonHegel, 732 So. 2d at 1133. We have also held that when a party is not properly put on notice that a change of custody is sought, due process concerns are implicated. Pelliccia v. Arce, 867 So. 2d 619, 620 (Fla. 2d DCA 2004). In Pelliccia, the father filed a motion for contempt instead of a petition to modify custody. In his prayer for relief, he requested a change in custody, but his motion did not assert that it would be in the child’s best int…
• Yilka de Castro v. Scorpio de Castro, 957 So. 2d 1258 (Fla. 3d DCA 2007)
  …te modification of the Final Judgment awarding the father temporary custody of the parties’ minor child and granting the father sole decision making authority concerning the minor child’s extracurricular activities, was error. See Pelliccia v. Arce, 867 So. 2d 619 (Fla. 2d DCA 2004)(affirming order of contempt but reversing that portion of the order modifying custody for failure to comply with visitation order because the proceedings were commenced upon a motion for contempt, not a petition to modify custody,…
• Albert v. Rogers, 57 So. 3d 233 (Fla. 4th DCA 2011)
  …ge would be in the children’s best interests, nor was any evidence presented at the hearing on the children’s best interests. From a review'of the transcript, we cannot conclude that the issue was litigated by implied consent. See Pelliccia v. Arce, 867 So. 2d 619 (Fla. 2d DCA 2004) (reversing order changing primary custody where, although the father’s contempt motion sought a change of custody in the prayer for relief, the father did not allege in the motion that it would be in the child’s best interests to…