Opinion
No. 99-1136.
May 26, 1999.
Appeal from the Circuit Court, Palm Beach County, Thomas H. Barkdull, III, Judge.
Sharon C. Greenberg and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for petitioners.
No response required for appellee.
The Department of Revenue (DOR) and Bertha A. Schwier brought a child support proceeding under the Uniform Interstate Family Support Act. Ms. Schwier, the child's mother, resides in Virginia. DOR and Ms. Schwier moved to allow her to appear by telephone conference call. The trial court denied the motion, and they now seek certiorari review. Respondent, the child's father, objected to the motion. Section 88.3161 (5), Florida Statutes (1997), authorizes the court to permit a party or witness residing in another state to testify by telephone; it does not require it to do so. See also Fla. Jud. Admin. R. 2.071(d). Because the petitioner, have not shown that the trial court departed from the essential requirements if law in denying their motion, we deny the petition.
POLEN, FARMER and GROSS, JJ., concur.