From Casetext: Smarter Legal Research

Gell v. Gell

District Court of Appeal of Florida, Third District
May 20, 1980
383 So. 2d 771 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-430.

May 20, 1980.

Interlocutory Appeal from Circuit Court, Dade County; Joseph J. Gersten, Judge.

Sturrup Della-Donna and Wayne Carson, Fort Lauderdale, for appellant/cross appellee.

Neu Sanderhoff, North Miami, for appellee/cross appellant.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.


The order of January 28, 1980, is reversed except insofar as it denied the wife's motion to hold the husband in contempt, which was the only matter noticed for the later-expanded "emergency" hearing which gave rise to the order. Neither party, who each respectively complains about unfavorable provisions of the order, was given fair notice or a reasonable opportunity to be heard concerning any other issue. Barreiro v. Barreiro, 377 So.2d 999 (Fla.3d DCA 1979), and cases cited.

Affirmed in part, reversed in part.


Summaries of

Gell v. Gell

District Court of Appeal of Florida, Third District
May 20, 1980
383 So. 2d 771 (Fla. Dist. Ct. App. 1980)
Case details for

Gell v. Gell

Case Details

Full title:ELIZABETH ECKERT GELL, APPELLANT/CROSS APPELLEE, v. DAVID JEROME GELL…

Court:District Court of Appeal of Florida, Third District

Date published: May 20, 1980

Citations

383 So. 2d 771 (Fla. Dist. Ct. App. 1980)