Jackson v. Powell

Wanda JACKSON and Department of Health and Rehabilitative Services, Appellants, v. Reginald Jerome POWELL, Appellee.

District Court of Appeal of Florida

Decided July 25, 1989.

District Court of Appeal of Florida · decided 1989-07-25

Cited by 6 later decisions — most recently December 2011

6 state decisions

Relies on Koken v. Neubauer · Wilson v. County National Bank of South Florida · 471 So. 2d 680 - Long v. Bogaert

Good law ✅— No negative treatment on recordhow we know

Decided 1989-07-25

View the full empirical analysis of this case →

¶1Melvin A. Rubin, for appellants.

¶2Reginald Jerome Powell, in pro. per.

¶3Before NESBITT, BASKIN and COPE, JJ.

¶4PER CURIAM.

¶5We reverse the order modifying a child support obligation because there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of *1146 the requested relief. E.g., Pace v. Pace,471 So.2d 680 (Fla. 3d DCA 1985); Sweetland v. Gauntlett,460 So.2d 570 (Fla. 3d DCA 1984); Valdes v. Valdes,460 So.2d 569 (Fla. 3d DCA 1984). The trial court may not circumvent such required pleadings by ordering a child support modification on its own motion, see Koken v. Neubauer,374 So.2d 49 (Fla. 3d DCA 1979), unless proper notice is given so that the opposing party has a fair opportunity to oppose the motion.

¶6Reversed.