Florida Court Cases - Case Law and Opinions from the Courts of Florida - unoffical reports - Opinions

ROMINGER LEGAL

Florida Case Law & Florida Court Opinions - Florida Law

Need Legal Help?

LEGAL RESEARCH CENTER

LEGAL HEADLINES - CASE LAW - LEGAL FORMS

NOT FINDING WHAT YOU NEED? -CLICK HERE

This court case was taken from the Florida Court's web site. Search our site for more cases - CLICK HERE

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CHAD SAMUEL NEUMANN,
NOT FINAL UNTIL TIME EXPIRES TO
former husband,
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
v.
CASE NO. 1D03-0198
KENNA-JOY NEUMANN,
former wife,
Appellee.
_____________________________/
Opinion filed October 28, 2003.
An appeal from the Circuit Court for Nassau County,
Alban E. Brooke, Judge.
Denise Watson, Jacksonville, for Appellant.
Alexa Alvarez, Fernandina Beach, for Appellee.
HAWKES, J.
The Former Husband appeals from a Final Order on his Motion for Contempt
and Enforcement. The Former Husband argues the trial court's modification of his
visitation schedule, in the absence of pleadings requesting such a modification,
constituted an abuse of discretion and denial of due process. We agree, and reverse.

It is well settled that an order adjudicating issues not presented by the pleadings,
noticed to the parties, or litigated below denies fundamental due process. See Moody
v. Moody, 721 So. 2d 731 (Fla. 1st DCA 1998) (reversing an order transferring child
custody and canceling husband's requirement to pay child support where the notice
for hearing stated that the court would entertain a motion for contempt); Thomas v.
Harris, 634 So. 2d 1136 (Fla. 1st DCA 1994) (reversing change of child custody due
to deleterious effect of tobacco smoke on child where notice of hearing specified issue
raising question of custody change was poor progress in school).
Here, the only issue before the trial court was the Former Husband's Motion for
Contempt and Enforcement. Neither the pleadings nor the notice of hearing mention
or request the Former Husband's visitation schedule be modified. We conclude that
by adjudicating an issue not presented by the pleadings, the trial court violated the
Former Husband's right to due process and abused its discretion.
Accordingly, the visitation schedule in place at the time Former Husband filed
his Motion for Contempt and Enforcement is restored, and the trial court's order is
REVERSED.
VAN NORTWICK, and PADOVANO, JJ., CONCUR.
-2-

	ROMINGER LEGAL
		Florida Case Law & Florida Court Opinions - Florida Law
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -CLICK HERE