Hayes v. Whelan
Hayes v. Whelan
377 So. 2d 54; 1979 Fla. App. LEXIS 16126
(Southern Reporter, Second Series)
Hayes v. Whelan
Opinion of the Court
The court erred in sua sponte reducing the wife’s visitation rights without written pleadings by the husband requesting such relief. Lourcey v. Lourcey, 256 So.2d 25 (Fla. 1st DCA 1971). We further note that the wife was not present at the hearing which considered the husband’s petition. Accordingly, we affirm the provisions in the judgment granting the relief requested in the petition, but reverse the provisions reducing the frequency of the wife’s visitation. Reversed and remanded for proceedings not inconsistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.