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562 So. 2d 833

Docket No. 89-2498.

Rivera v. Rivera

David RIVERA, a/K/a Richard Hightower, Appellant, v. Lucinda Elaine RIVERA, Appellee.

District Court of Appeal of Florida · decided 1990-06-07

Relies on Jackson v. State · 506 So. 2d 463 - Broussard v. Broussard

Good law ✅— No negative treatment on recordhow we know

Decided 1990-06-07

How this case has been cited

Cited by 6 later decisions — most recently July 2015

6 state decisions

20199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*834 David Rivera, a/k/a Richard Hightower, pro se.

¶2No appearance for appellee.

¶3ZEHMER, Judge.

¶4David Rivera appeals from a final judgment that dissolved his marriage to Lucinda Rivera and reserved jurisdiction to divide the parties' property.[1] We reverse.

¶5Appellant complains on appeal that the trial court abused its discretion by (1) retaining jurisdiction regarding the division of the parties' property until appellant was released from incarceration and able to appear before the court; (2) conducting an ex parte final judgment hearing; (3) failing to require a court reporter to transcribe the proceedings; (4) failing to allow 30 days to lapse between service of the notice of hearing and the final judgment hearing; and (5) failing to dismiss appellee/former wife's counterclaim because she failed to acknowledge a demand for discovery. Only one of these issues warrants reversal.

¶6The lower court failed to comply with Fla.R.Civ.P. 1.440(c) in that it set the final hearing less than 30 days from service of the notice of hearing. The notice of final hearing is dated August 1, 1989, and the final hearing was held August 9, 1989. See Broussard v. Broussard,506 So.2d 463 (Fla. 2d DCA 1987). This error requires reversal and remand for a new trial.

¶7REVERSED AND REMANDED.

¶8MINER and ALLEN, JJ., concur.

NOTES

¶9[1] This is a partial judgment of dissolution which is final insofar as it dissolves the marital status of the parties. See Galbut v. Garfinkl,340 So.2d 470 (Fla. 1977). This court has jurisdiction to review the partial final judgment pursuant to Fla.R.App.P. 9.110(k).

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