Opinion
No. 82-268.
February 12, 1982.
Appeal from a Non-final Order from Circuit Court, Dade County, Milton A. Friedman, Judge.
Robbins Reynolds and Marc Reynolds, Miami, for appellant.
Lawrence R. Davidson, Legal Aid Society of Dade County Bar Ass'n, Miami, for appellees.
Before HENDRY, SCHWARTZ and BASKIN, JJ.
Treating this proceeding as an appeal from a non-final order relating to child custody under Fla.R.App.P. 9.130(a)(3)(C)(iii), we reverse and hold for naught the order of January 21, 1982, which was improperly entered totally without notice to the appellant, the father of the child, or evidentiary hearing. The child shall be at once returned to the place she was residing immediately prior to the order. No motion for rehearing shall be entertained and the mandate shall issue forthwith.