MELISSA SIMS, APPELLANT,
v.
TRAVIS HOLLOWAY, APPELLEE
MELISSA SIMS, APPELLANT,
TRAVIS HOLLOWAY, APPELLEE
135 So. 3d 360
Florida District Court of Appeal, Fifth District (2013)
Positive Treatment
Cited by 1 case
Opinion of the Court
Melissa Sims appeals from an order granting her former husband’s motion to change venue. We reverse because Sims was deprived of due process of law when the trial court entered the order without affording Sims the opportunity to be heard on the motion. See J.L.S. v. R.J.L., 708 So.2d 293 (Fla.2d DCA 1998) (order granting change of venue reversed where trial court entered order without notice or hearing). On remand, the parties are entitled to an evidentiary hearing on the motion.
REVERSED and REMANDED.
SAWAYA, ORFINGER and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corio v. Lopez, 190 So. 3d 1152 (Fla. 5th DCA 2016)…trial court granted the motion and transferred the action to Polk County. We reverse. Corio was deprived of due process when the trial' court entered the order without affording him the opportunity to be heard on the motion. E.g., Sims v. Holloway, 135 So. 3d 360, 360 (Fla. 5th DCA 2013); J.L.S. v. R.J.L., 708 So. 2d 293, 294 (Fla. 2d DCA 1998).' Notwithstanding, we review the trial court’s legal conclusion that venue was proper in Polk County de novo and conclude that it was incorrect. See Hall v. Animals.c…
Authorities Cited
- J.L.S. v. R.J.L. & State of Fla., 708 So. 2d 293 (Fla. 2d DCA 1998)