Surdo v. Surdo

District Court of Appeal of Florida

Surdo v. Surdo

805 So. 2d 906, 2001 Fla. App. LEXIS 14892, 2001 WL 1245238

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 2001

DocketNo. 2D00-2502

StatusPublished

Cited by1 cases

This text of 805 So. 2d 906 (Surdo v. Surdo) 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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Surdo v. Surdo, 805 So. 2d 906, 2001 Fla. App. LEXIS 14892, 2001 WL 1245238 (Fla. Ct. App. 2001).

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Opinion

BLUE, Chief Judge.

The Former Husband appeals the order denying his motion to correct the final judgment of dissolution of marriage; specifically, he challenges the amount of the court-ordered child support. There is very limited record in this appeal; however, it is evident that the final judgment contains a critical error. The child support guidelines worksheet indicated that the Former Husband’s monthly obligation was $1540. The final judgment contained that amount but imposed it as a weekly obligation.

We reverse the order and remand for an evidentiary hearing. On remand, the Former Husband has the burden of proving that the final judgment was incorrect. If this burden is met, the trial court should then set aside the order under Florida Rule of Civil Procedure 1.540(a) based on a clerical error.

Reversed and remanded for an eviden-tiary hearing.

STRINGER and DAVIS, JJ., Concur.

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