From Casetext: Smarter Legal Research

Vogt v. Altman

District Court of Appeal of Florida, Second District
Nov 17, 1982
428 So. 2d 267 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2019.

November 17, 1982.

Appeal from the Circuit Court for Hillsborough County, Phillip L. Knowles, J.

David A. Maney of Gordon Maney, Tampa, for appellant.

Edna Elliott, Tampa, for appellee.


After interviewing the parties' seven-year-old daughter and reviewing a psychiatrist's evaluation report, the trial judge announced his decision that custody of the daughter be changed from the father to the mother. That announcement effectively precluded the husband from presenting evidence in opposition to the wife's request for change of custody. In fairness, the husband should be given the opportunity to present whatever evidence he may have concerning the custody issue.

Accordingly, we reverse and remand for a further hearing by the trial judge at which the husband may present his evidence.

REVERSED AND REMANDED.

HOBSON, A.C.J., and RYDER, J., concur.


Summaries of

Vogt v. Altman

District Court of Appeal of Florida, Second District
Nov 17, 1982
428 So. 2d 267 (Fla. Dist. Ct. App. 1982)
Case details for

Vogt v. Altman

Case Details

Full title:JOHN C. VOGT, JR., APPELLANT, v. DIANNE VOGT ALTMAN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 17, 1982

Citations

428 So. 2d 267 (Fla. Dist. Ct. App. 1982)