Opinion
Case No. 4D03-336.
Opinion filed June 25, 2003.
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. C.D. 97-9460 FA.
Patrick S. Travaglia, Coleman, pro se.
No appearance for appellee.
Patrick Travaglia, a pro se inmate, moved the circuit court to modify or stay his child support obligation while he is incarcerated. Travaglia alleged he is incarcerated in federal prison, he is indigent, and he currently has no ability to meet his support obligation. The circuit court denied his motion based on a recommendation from the general master. Travaglia filed a timely notice of appeal.
We reverse. The circuit court's order is quashed and this cause is remanded for further proceedings. The circuit court shall hold Travaglia's motion to modify child support in abeyance until he is released from prison in accordance with the Florida Supreme Court's decision in Department of Revenue v. Jackson, 28 Fla. L. Weekly S343 (Fla. Apr. 24, 2003).
STONE, KLEIN, JJ., and OWEN, WILLIAM, C., JR., Senior Judge, concur.