Opinion
No. 95-1146.
August 23, 1995.
Appeal of a non-final order from the Circuit Court for Broward County; James M. Reasbeck, Judge.
Elena P. Sanfilippo and Thomas P. Bell, Pembroke Pines, for appellant.
Joseph R. Boyd and William H. Branch of Boyd Branch, and Chriss Walker, Tallahassee, for appellee.
This is an appeal by the former husband from a post-judgment contempt order for failure to pay support arrearages. The Department of Health and Rehabilitative Services and the former wife filed a "Notice of Confession of Error" conceding that the order of contempt was entered at a hearing without notice to the former husband. See Vanoy v. Johnson, 459 So.2d 453 (Fla. 5th DCA 1984); Delves v. Delves, 213 So.2d 895 (Fla. 1st DCA 1968). We agree that the trial court's order denied the former husband notice and a fair opportunity to oppose the contempt.
REVERSED.
GUNTHER, C.J., and POLEN and STEVENSON, JJ., concur.