Lewis v. Lewis, 98-01510

Decision Date12 February 1999
Docket NumberNo. 98-01510,98-01510
Citation725 So.2d 462
PartiesTerri D. LEWIS, Appellant, v. Donald E. LEWIS, Jr., Appellee.
CourtFlorida District Court of Appeals

Michael P. McDaniel and C. Ray McDaniel, Bartow, for Appellant.

Richard D. Mars, Bartow, for Appellee.

PER CURIAM.

Ms. Lewis, the mother of the parties' minor child, challenges a trial court's non-final order awarding temporary custody of the child to Mr. Lewis, the father of the child. Because the father's motion failed to satisfy the requisite grounds which would have allowed the trial court to enter an order on an emergency motion for temporary change of custody, we reverse. See Wilson v. Roseberry, 669 So.2d 1152 (Fla. 5th DCA 1996).

Reversed and remanded for further proceedings consistent herewith.

PATTERSON, A.C.J., and NORTHCUTT and SALCINES, JJ., Concur.

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4 cases
  • Suleiman v. Yunis, 5D15–295.
    • United States
    • Florida District Court of Appeals
    • July 2, 2015
    ...of Children & Families, 773 So.2d 129, 130 (Fla. 5th DCA 2000) (citing Fee v. Usler, 761 So.2d 361 (Fla. 5th DCA 2000) ; Lewis v. Lewis, 725 So.2d 462 (Fla. 2d DCA 1999) ; Simmons v. Simmons, 698 So.2d 947 (Fla. 4th DCA 1997) ). “In order to prevail on a request for a temporary modification......
  • Webster v. CSX Transportation
    • United States
    • Florida District Court of Appeals
    • February 12, 1999
  • Fee v. Usler, 5D99-2306.
    • United States
    • Florida District Court of Appeals
    • March 31, 2000
    ...the outcome of the evidentiary hearing. See Swartsell v. Swartsell, 615 So.2d 825 (Fla. 4th DCA 1993). 1.See, e.g., Lewis v. Lewis, 725 So.2d 462 (Fla. 2d DCA 1999) (reversing order transferring temporary custody to father, where father's motion failed to satisfy requisites which would perm......
  • RP v. Department of Children and Families, 5D00-1772.
    • United States
    • Florida District Court of Appeals
    • December 22, 2000
    ...notice, or with insufficient opportunity to be heard. See, e.g., Fee v. Usler, 761 So.2d 361 (Fla. 5th DCA 2000); Lewis v. Lewis, 725 So.2d 462 (Fla. 2d DCA 1999); Simmons v. Simmons, 698 So.2d 947 (Fla. 4th DCA 1997). Here, it is undisputed that no emergency existed that would justify the ......

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