De La Torre v. Queija

District Court of Appeal of Florida

De La Torre v. Queija

702 So. 2d 293, 1997 Fla. App. LEXIS 13887, 1997 WL 757308

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1997

DocketNo. 97-1037

StatusPublished

Cited by2 cases

This text of 702 So. 2d 293 (De La Torre v. Queija) 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.

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De La Torre v. Queija, 702 So. 2d 293, 1997 Fla. App. LEXIS 13887, 1997 WL 757308 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant, Lucio De La Torre (“former husband”) appeals an order entered after a default increasing child support in favor of appellee, Yakelin Queija (“former wife”). A review of the record reveals only one of the issues raised by former husband requires reversal. We agree that the default was properly entered as to the former husband’s liability for child support. See State, Dept. of Revenue on Behalf of Cordova v. Folks, 685 So.2d 56 (Fla. 2d DCA 1996); Arca v. Arca, 606 So.2d 768 (Fla. 2d DCA 1992). However, the trial court did err in granting the former wife’s request for modification of support. This is so because the former husband was not allowed the opportunity to be heard or present evidence at the hearing as to the amount of his child support obligation. See Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Manning v. Varges, 413 So.2d 116 (Fla. 2d DCA 1982).

Affirmed in part; reversed in part and remanded.

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PER CURIAM.

Appellant, Lucio De La Torre (“former husband”) appeals an order entered after a default increasing child support in favor of appellee, Yakelin Queija (“former wife”). A review of the record reveals only one of the issues raised by former husband requires reversal. We agree that the default was properly entered as to the former husband’s liability for child support. See State, Dept. of Revenue on Behalf of Cordova v. Folks, 685 So.2d 56 (Fla. 2d DCA 1996); Arca v. Arca, 606 So.2d 768 (Fla. 2d DCA 1992). However, the trial court did err in granting the former wife’s request for modification of support. This is so because the former husband was not allowed the opportunity to be heard or present evidence at the hearing as to the amount of his child support obligation. See Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Manning v. Varges, 413 So.2d 116 (Fla. 2d DCA 1982).

Affirmed in part; reversed in part and remanded.

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702 So. 2d 293, 1997 Fla. App. LEXIS 13887, 1997 WL 757308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-torre-v-queija-fladistctapp-1997.

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