Hernandez v. Hernandez
Cases that cite this one
3 later published cases cite this decision.
- Pradas v. Pradas (Fla. Dist. Ct. App. 1990)
- Bridges v. Bridges (Fla. Dist. Ct. App. 1988)
- Niki Unlimited, Inc. v. Legal Services of Greater Miami (Fla. Dist. Ct. App. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
After a decree of dissolution of marriage has become final, service of a notice, upon the attorney who represented the petitioner in the original divorce action, of a hearing to enforce or modify that decree is not adequate or proper where (1) it does not result in petitioner receiving notice of the proceeding, and (2) the attorney disclaims continued representation of the petitioner. See Moore v. Lee, 72 So.2d 280 (Fla. 1954); Ginsberg v. Ginsberg, 122 So.2d 30 (Fla. 3d DCA 1960).
An order of contempt for nonpayment of alimony and support which lacks specific findings that the petitioner either (1) has the ability to comply with the order and willfully refuses to do so, or (2) previously had the ability to comply but divested himself of that ability through his fault or neglect designed to frustrate the intent and purpose of the order, is fatally defective. Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.