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Stallworth v. Phinney

District Court of Appeal of Florida, First District
Feb 14, 2007
947 So. 2d 1292 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-4226.

February 14, 2007.

An appeal from the Circuit Court of Leon County. John E. Crusoe, Judge.

Major B. Harding and Kenneth P. Abele of Ausley McMullen, Tallahassee, for Appellant.

John C. Kenny, Tallahassee, for Appellee.


In accordance with the agreement of the parties to this appeal, the trial court modified the parties' final judgment of dissolution to order that the parties' daughter would complete her elementary education at a particular school. The appellee/former husband thereafter unilaterally elected to place the daughter in a different school. The appellant/former wife then filed an emergency motion for contempt and requested that the motion be considered at an expedited evidentiary hearing. Although the former wife had alleged a colorable basis for relief, the trial court declined to hold the requested hearing and entered the order under review, an order denying the appellant's motion, directing the parties to mediate the issue, and granting the appellee the final authority to choose a school should mediation prove unsuccessful.

In refusing to hold an evidentiary hearing, the trial court denied the former wife due process. We accordingly reverse the order under review and remand this case to the trial court with directions that an evidentiary hearing be promptly held.

REVERSED and REMANDED with directions.

ALLEN, PADOVANO and LEWIS, JJ., concur.


Summaries of

Stallworth v. Phinney

District Court of Appeal of Florida, First District
Feb 14, 2007
947 So. 2d 1292 (Fla. Dist. Ct. App. 2007)
Case details for

Stallworth v. Phinney

Case Details

Full title:Rebecca STALL WORTH, Former Wife, Appellant, v. Richard Shane PHINNEY…

Court:District Court of Appeal of Florida, First District

Date published: Feb 14, 2007

Citations

947 So. 2d 1292 (Fla. Dist. Ct. App. 2007)