Summary
stating rule that the trial court may not modify a prior child support award where no pleading has been filed requesting such modification
Summary of this case from Khutorsky v. IlinaOpinion
No. 84-2778.
July 2, 1985.
Appeal of a non-final order from the Circuit Court of Dade County; Seymour Gelber, Judge.
Melvin A. Rubin, Miami, for appellant.
No appearance for appellee.
Before HUBBART, BASKIN and FERGUSON, JJ.
The order under review is reversed upon the authority of Sweetland v. Gauntlett, 460 So.2d 570 (Fla. 3d DCA 1984), and authorities collected therein. The law is well-settled that a trial court may not modify a prior child support award where, as here, no pleading has been filed requesting such modification.
Reversed.