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Barreiro v. Barreiro

District Court of Appeal of Florida, Third District
Dec 11, 1979
377 So. 2d 999 (Fla. Dist. Ct. App. 1979)

Summary

holding that a court may not expand the scope of a hearing set only upon a particular motion without prior notice and without appropriate pleadings

Summary of this case from Nationstar Mortg., LLC v. Weiler

Opinion

Nos. 79-1672, 79-1940.

December 11, 1979.

Appeal from the Circuit Court for Dade County, Dick C.P. Lantz, J.

Susan M. Girsch, Miami, for appellant.

Francis T. O'Donnell, Jr., Miami, for appellee.

Before PEARSON, SCHWARTZ and NESBITT, JJ.


Without prior notice, without appropriate pleadings, and over the objection of the husband, the trial judge expanded the scope of an "emergency hearing" which had been set only upon the wife's motion for the enforcement of out-of-state summer visitation with the parties' son, who was in his father's custody. The court thereafter provided, among other things, for temporary child support, transportation costs, grandparents' visitation, the terms of the wife's subsequent visitation, and the imposition of a constructive trust in favor of the appellee on the proceeds of property which she had conveyed to the husband pursuant to a property settlement agreement six years before. In so doing, the lower court was in palpable error. It was plainly improper, and clearly in violation of the appellant's due process rights, to hear and determine matters which were not the subject of appropriate pleadings or notice. Cortina v. Cortina, 98 So.2d 334 (Fla. 1957); Matthews v. Matthews, 376 So.2d 484 (Fla. 3d DCA 1979), and cases cited; Koken v. Neubauer, 374 So.2d 49 (Fla. 3d DCA 1979), and cases cited. Accordingly, with the sole exception of paragraph 1, which dealt with the summer visitation issue, the order of July 25, 1979 under review is, in its entirety,

Reversed.


Summaries of

Barreiro v. Barreiro

District Court of Appeal of Florida, Third District
Dec 11, 1979
377 So. 2d 999 (Fla. Dist. Ct. App. 1979)

holding that a court may not expand the scope of a hearing set only upon a particular motion without prior notice and without appropriate pleadings

Summary of this case from Nationstar Mortg., LLC v. Weiler

In Barreiro, the wife filed a motion for enforcement of out-of-state summer visitation with the parties' son, who was in the father's custody.

Summary of this case from Bell v. Dept., Health Rehab. Serv

In Barreiro, the Third District Court of Appeal held that a court may not expand the scope of a hearing set only upon a particular motion.

Summary of this case from Levitt v. Levitt
Case details for

Barreiro v. Barreiro

Case Details

Full title:FRANK L. BARREIRO, APPELLANT, v. PATRICIA BARREIRO, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 11, 1979

Citations

377 So. 2d 999 (Fla. Dist. Ct. App. 1979)

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