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563 So. 2d 175

Docket No. 89-0849.

Barnes v. Fucci

Sharon L. BARNES, Appellant, v. Dennis Nicholas FUCCI, Appellee.

District Court of Appeal of Florida · decided 1990-06-13

Cited by 4 later decisions — most recently November 2004

4 state decisions

Relies on 403 So. 2d 1111 - Baker v. Baker

Good law ✅— No negative treatment on recordhow we know

Decided 1990-06-13

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¶1David M. Rappaport, Fort Lauderdale, for appellant.

¶2Shirley Kay Hart, Miami, for appellee.

¶3PER CURIAM.

¶4We reverse. Under the facts of this case the trial court erred in failing to grant the appellant/mother's petition for writ of habeas corpus ad testificandum. While the mother was incarcerated, the father filed a motion to modify child custody and child support. The mother responded and petitioned the trial court to enter an order directing that she be transported from prison to the trial court for the purpose of attending the hearing on the father's motion *176 to modify. In our view, the mother had a due process right to be present and an opportunity to be heard at the hearing on the father's motion. See Baker v. Baker,403 So.2d 1111 (Fla. 2d DCA 1981).

¶5REVERSED AND REMANDED.

¶6DOWNEY, DELL and GUNTHER, JJ., concur.

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