Blue v. State, Department of Revenue

District Court of Appeal of Florida

Blue v. State, Department of Revenue

19 So. 3d 453, 2009 Fla. App. LEXIS 16090, 2009 WL 3446491

CourtDistrict Court of Appeal of Florida

DecidedOctober 28, 2009

DocketNo. 4D09-659

StatusPublished

This text of 19 So. 3d 453 (Blue v. State, Department of Revenue) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blue v. State, Department of Revenue, 19 So. 3d 453, 2009 Fla. App. LEXIS 16090, 2009 WL 3446491 (Fla. Ct. App. 2009).

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Opinion

POLEN, J.

Appellant, Joseph Blue, appeals the trial court’s final judgment ordering him to pay monthly child support for his three children. The judgment was entered following a hearing at which Blue was not present. Blue alleges he received notice of the hearing while he was incarcerated and requested to appear at the hearing by telephone. Despite his request, the hearing took place without Blue’s appearance. The State has conceded that the hearing was not set in accordance with Florida Rule of Civil Procedure 1.440, and thus, that the final judgment must be reversed and the cause remanded for further proceedings. Accordingly, we reverse and remand for a proper evidentiary hearing on Blue’s child support obligation.

Reversed and remanded.

STEVENSON and DAMOORGIAN, JJ., concur.

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POLEN, J.

Appellant, Joseph Blue, appeals the trial court’s final judgment ordering him to pay monthly child support for his three children. The judgment was entered following a hearing at which Blue was not present. Blue alleges he received notice of the hearing while he was incarcerated and requested to appear at the hearing by telephone. Despite his request, the hearing took place without Blue’s appearance. The State has conceded that the hearing was not set in accordance with Florida Rule of Civil Procedure 1.440, and thus, that the final judgment must be reversed and the cause remanded for further proceedings. Accordingly, we reverse and remand for a proper evidentiary hearing on Blue’s child support obligation.

Reversed and remanded.

STEVENSON and DAMOORGIAN, JJ., concur.

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Bluebook (online)

19 So. 3d 453, 2009 Fla. App. LEXIS 16090, 2009 WL 3446491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-v-state-department-of-revenue-fladistctapp-2009.