Jackson v. Powell
This text of 546 So. 2d 1145 (Jackson v. Powell) 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.
Opinion
Wanda JACKSON and Department of Health and Rehabilitative Services, Appellants,
v.
Reginald Jerome POWELL, Appellee.
District Court of Appeal of Florida, Third District.
Melvin A. Rubin, for appellants.
Reginald Jerome Powell, in pro. per.
Before NESBITT, BASKIN and COPE, JJ.
PER CURIAM.
We reverse the order modifying a child support obligation because there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of *1146 the requested relief. E.g., Pace v. Pace, 471 So.2d 680 (Fla. 3d DCA 1985); Sweetland v. Gauntlett, 460 So.2d 570 (Fla. 3d DCA 1984); Valdes v. Valdes, 460 So.2d 569 (Fla. 3d DCA 1984). The trial court may not circumvent such required pleadings by ordering a child support modification on its own motion, see Koken v. Neubauer, 374 So.2d 49 (Fla. 3d DCA 1979), unless proper notice is given so that the opposing party has a fair opportunity to oppose the motion.
Reversed.
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Cite This Page — Counsel Stack
546 So. 2d 1145, 1989 WL 81681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-powell-fladistctapp-1989.