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Gonzalez v. Hewitt

District Court of Appeal of Florida, Fifth District.
Mar 10, 2017
211 So. 3d 1147 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–1346

03-10-2017

Marysely GONZALEZ, Appellant, v. Guillermo HEWITT, Appellee.

Brandon M. Tyson, of Tyson Law Firm, LLC, Altamonte Springs, for Appellant. No Appearance for Appellee.


Brandon M. Tyson, of Tyson Law Firm, LLC, Altamonte Springs, for Appellant.

No Appearance for Appellee.

PER CURIAM.

Marysely Gonzalez ("Mother") appeals the default final judgment of paternity, contending that the trial court erred in summarily denying her motion to set aside the default judgment without an evidentiary hearing regarding her allegations of excusable neglect. We agree. We therefore reverse the judgment and remand with instructions to hold an evidentiary hearing on Mother's motion to vacate. We also note that the trial court erred in failing to make appropriate findings regarding the best interest of the child pursuant to section 61.13(3), Florida Statutes (2016), and by failing to include an explanation of the method by which Mother can establish timesharing with the child.

REVERSED and REMANDED.

SAWAYA and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur.


Summaries of

Gonzalez v. Hewitt

District Court of Appeal of Florida, Fifth District.
Mar 10, 2017
211 So. 3d 1147 (Fla. Dist. Ct. App. 2017)
Case details for

Gonzalez v. Hewitt

Case Details

Full title:Marysely GONZALEZ, Appellant, v. Guillermo HEWITT, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Mar 10, 2017

Citations

211 So. 3d 1147 (Fla. Dist. Ct. App. 2017)