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Locke v. Locke-Mixon

District Court of Appeal of Florida, Third District
Apr 23, 1997
691 So. 2d 649 (Fla. Dist. Ct. App. 1997)

Opinion

No. 96-3184.

April 23, 1997.

An Appeal from the Circuit Court for Dade County; Thomas G. O'Connell, Judge.

Baron Schantz and Hale Schantz, Pembroke Pines, for appellant/cross-appellee.

Silverio Hall and Cynthia Byrne Hall, Naples, for appellee/cross-appellant.

Before LEVY, GERSTEN and GREEN, JJ.


CONFESSION OF ERROR


Based upon the confession of error by both parties in this cause, as reflected by the "Stipulation" entered into by counsel for both parties, the Amended Final Judgment entered by the trial court on October 24, 1996, is reversed. The reasons for the confessions of error entered by both parties are that (1) the trial court reversibly erred by refusing to utilize Florida child support guidelines when calculating a modification of child support, and (2) the trial court reversibly erred by failing to make a factual finding on the record or in the final judgment as to the parties' actual income or imputed income when calculating child support, and (3) the trial court reversibly erred by failing to address the issue of, and to factor into the final judgment, the appellant's two minor children adopted by the appellant subsequent to the birth of the three minor children born during the marriage of the appellant and the appellee.

Accordingly, the said judgment is reversed and this cause is remanded for a new hearing on the Former-Wife's Petition for Modification of Child Support.

Reversed and remanded.


Summaries of

Locke v. Locke-Mixon

District Court of Appeal of Florida, Third District
Apr 23, 1997
691 So. 2d 649 (Fla. Dist. Ct. App. 1997)
Case details for

Locke v. Locke-Mixon

Case Details

Full title:MATTHEW C. LOCKE, APPELLANT/CROSS-APPELLEE, v. RHONDA LOCKE-MIXON, F/K/A…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 23, 1997

Citations

691 So. 2d 649 (Fla. Dist. Ct. App. 1997)

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