RICHARD ROSS, APPELLANT,
v.
SHERI LYNN ROSS, APPELLEE
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Florida appellate court reversed a trial court order forcing sale of former husband's residence to satisfy alimony arrearages because the trial court adopted the former wife's proposed order verbatim without allowing the former husband an opportunity to review and object, violating Perlow v. Berg-Perlow procedural requirements.
A trial court must provide the non-prevailing party an opportunity to review and object to a proposed order before adopting it verbatim, even if the underlying substantive findings may be correct.
[1] A trial court must provide the non-prevailing party an opportunity to review and object to a proposed order before adopting it as its own, regardless of the substantive c…
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Join FLexlaw to unlock all legal intelligence“because the Former Husband was not provided an opportunity to review the proposed order, and the trial court immediately adopted it verbatim as its own order, we reverse the trial court's December 8, 2010 order”
Court's explanation for reversal based on procedural violation
Richard Ross appealed a trial court order requiring sale of his residence to satisfy alimony arrearages. The former wife submitted a ten-page proposed…
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The Former Husband, Richard Ross, raises five issues on appeal to challenge the trial court’s order forcing the sale of his residence to satisfy his alimony arrear-ages entered on December 8, 2010. We affirm as to the first four issues raised by the Former Husband, but find merit in his argument that the trial court’s order failed to comply with Perlow v. Berg-Perlow, 875 So.2d 383 (Fla.2004), because the trial court entered the Former Wife’s proposed order verbatim without allowing the Former Husband an opportunity to review it and make objections. The Former Wife concedes that she submitted the proposed order to the trial court without providing the Former Husband an opportunity to review it first. The order is ten pages long and contains findings very unfavorable to the Former Husband, including that he acted in “bad faith” and committed “fraud” upon the court. While these findings may be true, because the Former Husband was not provided an opportunity to review the proposed order, and the trial court immediately adopted it verbatim as its own order, we reverse the trial court’s December 8, 2010 order entitled “Order Re: Former Wife’s Motion to Compel Sale of Former Husband’s Residence to Satisfy Arrearages and/or For the Imposition of an Equitable Lien.” We instruct the trial court to enter a new order in this matter, one in which the Former Husband is given either the opportunity to submit his own proposed order or to object to the Former Wife’s proposed order. The trial court, as always, is free to draft its own order as well.
Reversed and remanded vnth instructions.
GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.
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Citator
Cited By
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Ross v. Ross, 77 So. 3d 238 (Fla. 4th DCA 2012)…Judge Alfred Horowitz (“the trial judge”) from continuing to preside over post-dissolution proceedings after the judge was disqualified. [*239] We grant the petition.1 By way of background, in a recent appeal between the same parties, Ross v. Ross, 61 So. 3d 479 (Fla. 4th DCA 2011), this court reversed an order granting the former wife’s motion to compel the sale of the former husband’s residence to satisfy arrearages. We remanded the ease with instructions for the trial judge to enter a new order after giv…
Authorities Cited
- Esig Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004)