Mitchell v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Mitchell v. Department of Health & Rehabilitative Services

658 So. 2d 1250, 1995 Fla. App. LEXIS 8912, 1995 WL 497306

District Court of Appeal of Florida·Decided August 23, 1995·No. No. 95-1146·Published

Opinion

PER CURIAM.

This is an appeal by the former husband from a post-judgment contempt order for failure to pay support arrearages. The Department of Health and Rehabilitative Services and the former wife filed a “Notice of Confession of Error” conceding that the order of contempt was entered at a hearing without notice to the former husband. See Vanoy v. Johnson, 459 So.2d 453 (Fla. 5th DCA 1984); Delves v. Delves, 213 So.2d 895 (Fla. 1st DCA 1968). We agree that the trial court’s order denied the former husband notice and a fair opportunity to oppose the contempt.

REVERSED.

GUNTHER, C.J., and POLEN and STEVENSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal by the former husband from a post-judgment contempt order for failure to pay support arrearages. The Department of Health and Rehabilitative Services and the former wife filed a “Notice of Confession of Error” conceding that the order of contempt was entered at a hearing without notice to the former husband. See Vanoy v. Johnson, 459 So.2d 453 (Fla. 5th DCA 1984); Delves v. Delves, 213 So.2d 895 (Fla. 1st DCA 1968). We agree that the trial court’s order denied the former husband notice and a fair opportunity to oppose the contempt.

REVERSED.

GUNTHER, C.J., and POLEN and STEVENSON, JJ., concur.

Mitchell v. Department of Health & Rehabilitative Services, 658 So. 2d 1250, 1995 Fla. App. LEXIS 8912, 1995 WL 497306 (Fla. Ct. App. 1995).

Pincite

658 So. 2d 1250 (Mitchell v. Department of Health & Rehabilitative Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related