Florida District Courts of Appeal, 1986

Tindall v. Tindall

Tindall v. Tindall
Florida District Courts of Appeal · Decided April 23, 1986 · Dell, Glickstein, Letts
487 So. 2d 383; 11 Fla. L. Weekly 953; 1986 Fla. App. LEXIS 7414 (Southern Reporter, Second Series)

Tindall v. Tindall

Opinion of the Court

PER CURIAM.

We reverse the trial court’s non-final order, which awarded the former husband the right of residential care of the parties’ minor child, until resolution of her petition for modification or until further order of the court. DeWalt v. DeWalt, 305 So.2d 792 (Fla. 4th DCA 1975); Murphy v. Murphy, 351 So.2d 383 (Fla. 4th DCA 1977); Sardinas v. Sardinas, 401 So.2d 909 (Fla. 4th DCA 1981). No motion for rehearing will be entertained.

GLICKSTEIN, J., concurs. DELL, J., concurs with opinion. LETTS, J. dissents without opinion.

Concurring Opinion

DELL, Judge,

concurring.

I concur with the result reached here. The trial court’s modification of custody without notice and hearing leaves no choice but to reverse and remand this case in conformity with our opinion in DeWalt v. DeWalt, supra.

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