Opinion
Case No. 3D00-1709
Opinion filed June 30, 2000. JANUARY TERM, A.D. 2000
A Writ of Certiorari to the Circuit Court for Dade County, Moie Tendrich, Judge. Lower Tribunal No. 99-16995
Melvyn B. Frumkes Associates, P.A., and Melvyn B. Frumkes; Marsha B. Elser Associates, P.A., and Christopher A. Tiso, for Petitioner.
Andrew M. Leinoff, P.A.; Cynthia L. Greene, for respondent.
Before SCHWARTZ, C.J., and COPE, J., and NESBITT, Senior Judge.
In an evidentiary hearing on the husband's emergency motion to establish summer visitation, the trial court interrupted the wife's cross-examination of the husband and announced a ruling, thus preventing completion of the cross-examination as well as any opportunity for the wife to testify in support of her claim that the husband, who plans to vacation with the children in his home country of Venezuela, has threatened not to return the children to this country. We vacate the order granting the husband permission to take the children out of the country. We direct that there be a new evidentiary hearing, before a different judge, within ten business days. We intimate no view on the ultimate merits.
Certiorari granted.
COPE, J., and NESBITT, Senior Judge concur.
SCHWARTZ, C.J., dissents.
I would deny the petition for writ of certiorari.