Matthews v. Matthews, 79-1496
| Decision Date | 13 November 1979 |
| Docket Number | No. 79-1496,79-1496 |
| Citation | 376 So.2d 484 |
| Parties | Charlotte Jean MATTHEWS, Appellant, v. Kenneth R. MATTHEWS, Appellee. |
| Court | Florida District Court of Appeals |
Interlocutory Appeal from Circuit Court, Dade County; Dick C. P. lantz, judge.
Gary S. Gostel, Miami, for appellant.
Marks & Leinoff and Allan B. Marks, Miami, for appellee.
Before BARKDULL and NESBITT, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
The trial court changed custody from a mother to a father, and altered support payments without prior pleadings or notice. This is error. See: Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Scheer v. Scheer, 132 So.2d 456 (Fla.3d DCA 1961); Purvis v. Carter, 303 So.2d 681 (Fla.4th DCA 1974); Childress v. Childress, 309 So.2d 581 (Fla.3d DCA 1975); Kranis v. Kranis, 313 So.2d 135 (Fla.3d DCA 1975); Smithwick v. Smithwick, 343 So.2d 945 (Fla.3d DCA 1977); Kaken v. Neubauer, 374 So.2d 49 (Fla.3d DCA 1979).
The order dated July 17, 1979, so far as it purported to change custody and alter support payments, be and the same is hereby reversed.
Reversed.
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