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Estes v. Estes

District Court of Appeal of Florida, First District
Aug 16, 1979
373 So. 2d 965 (Fla. Dist. Ct. App. 1979)

Opinion

No. MM-58.

August 16, 1979.

Appeal from the Circuit Court, Leon County, Victor M. Cawthon, J.

Frank E. Sheffield, of Michaels, Sheffield, Perkins, Collins Vickers, Tallahassee, for appellant.


Although both counsel were at fault in not filing financial affidavits of their clients before the scheduled hearing on child support, the record as reconstituted shows that appellant's counsel did object to the court ruling on the child support issue on the basis of financial affidavits yet to be filed, concerning which counsel had no opportunity to cross-examine. Fla.R.Civ.P. 1.611. It does not appear that other evidence sufficient to justify the support award was adduced regularly before the court. See Hagin v. Hagin, 353 So.2d 949 (Fla.2d DCA 1978).

REVERSED.

MILLS, C.J. and ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.


Summaries of

Estes v. Estes

District Court of Appeal of Florida, First District
Aug 16, 1979
373 So. 2d 965 (Fla. Dist. Ct. App. 1979)
Case details for

Estes v. Estes

Case Details

Full title:MARY CATHERINE ESTES, APPELLANT, v. ALBERT VESTER ESTES, SR., APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 16, 1979

Citations

373 So. 2d 965 (Fla. Dist. Ct. App. 1979)

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