Gonzalez v. Hewitt

• Court: District Court of Appeal of Florida
• Decided: March 6, 2017
• Docket: 5D16-1346
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MARYSELY GONZALEZ,

Appellant,

v. Case No. 5D16-1346

GUILLERMO HEWITT,

Appellee.

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Opinion filed March 10, 2017

Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.

Brandon M. Tyson, of Tyson Law Firm, LLC, Altamonte Springs, for Appellant.

No Appearance for Appellee.

PER CURIAM.

Marysely Gonzalez (“Mother”) appeals the default final judgment of paternity,

contending that the trial court erred in summarily denying her motion to set aside the

default judgment without an evidentiary hearing regarding her allegations of excusable

neglect. We agree. We therefore reverse the judgment and remand with instructions to

hold an evidentiary hearing on Mother’s motion to vacate. We also note that the trial court

erred in failing to make appropriate findings regarding the best interest of the child pursuant to section 61.13(3), Florida Statutes (2016), and by failing to include an

explanation of the method by which Mother can establish timesharing with the child.

REVERSED and REMANDED.

SAWAYA and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur.