Smith v. Smith

District Court of Appeal of Florida

Smith v. Smith

363 So. 2d 832, 1978 Fla. App. LEXIS 16916

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1978

DocketNo. II-119

StatusPublished

Cited by2 cases

This text of 363 So. 2d 832 (Smith v. Smith) 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

Smith v. Smith, 363 So. 2d 832, 1978 Fla. App. LEXIS 16916 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

This is an appeal from an order modifying a prior award of child support. The record reflects that there was no pleading requesting a modification of child support, nor was there any indication that financial information adduced at the hearing to prove arrearages and ability to pay would be considered by the court as a basis for modification. See Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Avery v. Avery, 314 So.2d 198 (Fla. 1st DCA 1975); Williams v. Williams, 272 So.2d 827 (Fla. 1st DCA 1973).

Accordingly, we reverse that provision of the order reducing child support.

Appellant’s request for appellate attorney’s fees is granted. This case is remanded to the trial court for fixing the amount.

McCORD, C. J., and BOYER and MILLS, JJ., concur.

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PER CURIAM.

This is an appeal from an order modifying a prior award of child support. The record reflects that there was no pleading requesting a modification of child support, nor was there any indication that financial information adduced at the hearing to prove arrearages and ability to pay would be considered by the court as a basis for modification. See Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Avery v. Avery, 314 So.2d 198 (Fla. 1st DCA 1975); Williams v. Williams, 272 So.2d 827 (Fla. 1st DCA 1973).

Accordingly, we reverse that provision of the order reducing child support.

Appellant’s request for appellate attorney’s fees is granted. This case is remanded to the trial court for fixing the amount.

McCORD, C. J., and BOYER and MILLS, JJ., concur.

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Bluebook (online)

363 So. 2d 832, 1978 Fla. App. LEXIS 16916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-fladistctapp-1978.

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