Brown v. Brown

District Court of Appeal of Florida

Brown v. Brown

825 So. 2d 519, 2002 Fla. App. LEXIS 13206, 2002 WL 31026843

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 2002

DocketNo. 1D01-4549

StatusPublished

This text of 825 So. 2d 519 (Brown v. Brown) 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

Brown v. Brown, 825 So. 2d 519, 2002 Fla. App. LEXIS 13206, 2002 WL 31026843 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

The appellant challenges an order dissolving the parties’ marriage, whereby the court addressed various matters including the amount of a support arrearage. Because the question of such an arrearage was neither encompassed by the pleadings for relief nor noticed for hearing, the court should not have addressed this matter. See e.g. State, Department of Revenue v. Strickler, 702 So.2d 277 (Fla. 1st DCA 1997); Peterson v. Mathies, 687 So.2d 47 (Fla. 5th DCA 1997). Such a ruling was not compelled under section 61.14(5)(a) with regard to the current support obligation, and the appealed order is reversed insofar as it pertains to the question of a support arrearage. The order is otherwise affirmed, and the case is remanded.

ALLEN, C.J., BROWNING and LEWIS, JJ., concur.

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PER CURIAM.

The appellant challenges an order dissolving the parties’ marriage, whereby the court addressed various matters including the amount of a support arrearage. Because the question of such an arrearage was neither encompassed by the pleadings for relief nor noticed for hearing, the court should not have addressed this matter. See e.g. State, Department of Revenue v. Strickler, 702 So.2d 277 (Fla. 1st DCA 1997); Peterson v. Mathies, 687 So.2d 47 (Fla. 5th DCA 1997). Such a ruling was not compelled under section 61.14(5)(a) with regard to the current support obligation, and the appealed order is reversed insofar as it pertains to the question of a support arrearage. The order is otherwise affirmed, and the case is remanded.

ALLEN, C.J., BROWNING and LEWIS, JJ., concur.

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Bluebook (online)

825 So. 2d 519, 2002 Fla. App. LEXIS 13206, 2002 WL 31026843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brown-fladistctapp-2002.

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