Summary
In Matthews, in a per curiam opinion, the Third District overturned a trial judge's order which changed custody from the mother to the father and altered support payments without prior pleadings or notice.
Summary of this case from Bell v. Dept., Health Rehab. ServOpinion
No. 79-1496.
November 13, 1979.
Interlocutory Appeal from Circuit Court, Dade County; Dick C.P. Lantz, Judge.
Gary S. Gostel, Miami, for appellant.
Marks Leinoff and Allan B. Marks, Miami, for appellee.
Before BARKDULL and NESBITT, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
The trial court changed custody from a mother to a father, and altered support payments without prior pleadings or notice. This is error. See: Cortina v. Cortina, 98 So.2d 334 (Fla. 1957); Scheer v. Scheer, 132 So.2d 456 (Fla.3d DCA 1961); Purvis v. Carter, 303 So.2d 681 (Fla.4th DCA 1974); Childress v. Childress, 309 So.2d 581 (Fla.3d DCA 1975); Kranis v. Kranis, 313 So.2d 135 (Fla.3d DCA 1975); Smithwick v. Smithwick, 343 So.2d 945 (Fla.3d DCA 1977); Kaken v. Neubauer, 374 So.2d 49 (Fla.3d DCA 1979).
The order dated July 17, 1979, so far as it purported to change custody and alter support payments, be and the same is hereby reversed.
Reversed.