Swain v. Swain

Full title: ROBERT RAYMOND SWAIN, JR., Appellant, v. ELIZABETH M. SWAIN, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Nov 26, 2003

863 So. 2d 449 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D02-3276.

Opinion filed November 26, 2003. Rehearing Denied January 9, 2004.

An appeal from the Circuit Court for Leon County, Judge John E. Crusoe.

C. Edwin Rude, Jr. Tallahassee, for Appellant.

David A. Barrett, Barrett Associates, Tallahassee, for Appellee.

PER CURIAM.

We reverse the order on appeal and remand with directions to the trial judge to conduct an evidentiary hearing on the issue of whether the appellant received notice of the July 3, 2002 hearing. Richardson v. Department of Revenue, 742 So.2d 445 (Fla. 4th DCA 1999). The remaining issues raised on appeal by the appellant are without merit.

REVERSED and REMANDED.

BARFIELD, WEBSTER and BROWNING, JJ., CONCUR.