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Johnson v. McDonald

District Court of Appeal of Florida, First District
Aug 1, 1994
640 So. 2d 1192 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-4208.

August 1, 1994.

An appeal from the Circuit Court for Hamilton County; John W. Peach, Judge.

Robert A. Sandow, Live Oak, for appellant.

No appearance for appellee.


We reverse the trial court's order on the petition for enforcement insofar as it alters the visitation established in the August 11, 1992 order, without prejudice to the court's reconsideration of the issue upon the filing of appropriate pleadings. Cenate v. Cenate, 528 So.2d 961 (Fla. 1st DCA 1988).

As in Sardinas v. Sardinas, 401 So.2d 909 (Fla. 4th DCA 1981), there is no transcript of the hearing on appellee's petition for enforcement. Appellee has not, however, filed an answer brief nor has he insinuated in any way that appellant impliedly consented at the hearing to the trial court's consideration of the visitation issue. Id. at 911 n. 1.

REVERSED.

WOLF and KAHN, JJ., concur.


Summaries of

Johnson v. McDonald

District Court of Appeal of Florida, First District
Aug 1, 1994
640 So. 2d 1192 (Fla. Dist. Ct. App. 1994)
Case details for

Johnson v. McDonald

Case Details

Full title:KIMBERLY ANN JOHNSON, APPELLANT, v. TROY BRENTON McDONALD, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 1, 1994

Citations

640 So. 2d 1192 (Fla. Dist. Ct. App. 1994)