Tindall v. Tindall

Full title: LAURA J. TINDALL, APPELLANT, v. CARLETON H. TINDALL, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 23, 1986

487 So. 2d 383 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2280.

April 23, 1986.

Appeal from the Circuit Court, Palm Beach County, Maurice J. Hall, J.

James P. O'Flarity, of James P. O'Flarity, P.A., West Palm Beach, for appellant.

Edna L. Caruso, of Edna L. Caruso, P.A., and Montgomery, Searcy Denney, P.A., West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court's non-final order, which awarded the former husband the right of residential care of the parties' minor child, until resolution of her petition for modification or until further order of the court. DeWalt v. DeWalt, 305 So.2d 792 (Fla. 4th DCA 1975); Murphy v. Murphy, 351 So.2d 383 (Fla. 4th DCA 1977); Sardinas v. Sardinas, 401 So.2d 909 (Fla. 4th DCA 1981). No motion for rehearing will be entertained.

GLICKSTEIN, J., concurs.

DELL, J., concurs with opinion.

LETTS, J. dissents without opinion.

DELL, Judge, concurring.

I concur with the result reached here. The trial court's modification of custody without notice and hearing leaves no choice but to reverse and remand this case in conformity with our opinion in DeWalt v. DeWalt, supra.