Opinion
Case No. 5D04-351.
Opinion filed July 23, 2004.
Appeal from the Circuit Court for Osceola County, Daniel P. Dawson, Judge.
R. Wm. Lyng, III, of R. Wm. Lyng, P.A., Kissimmee, for Appellant.
Charles D. Peters, Orlando, for Appellee.
We determine that Appellant was denied procedural due process under circumstances indistinguishable from our recent decision in R.M. v. Department of Children Families, 29 Fla. L. Weekly D1559 (Fla. 5th DCA July 2, 2004). Accordingly, as in R.M., we vacate the support order and remand for a properly-noticed hearing on the issue of the award of temporary child support. We note that, although unclear from the record before us, Appellant might be serving a prison sentence at the present time. Upon remand, therefore, the court, in addition to other factors, should consider the impact of Department of Revenue v. Jackson, 846 So.2d 486, 491 (Fla. 2003).
ORDER VACATED and CAUSE REMANDED.
THOMPSON, ORFINGER and TORPY, JJ., concur.