Jackson v. Powell
Cases that cite this one
6 later published cases cite this decision.
- Khutorsky v. Ilina (Fla. Dist. Ct. App. 2011)
- Williams v. Williams (Fla. Dist. Ct. App. 1996)
- STATE, DEPT. OF H & R. v. Burns (Fla. Dist. Ct. App. 1995)
- State, Department of Health & Rehabilitative Services v. Burns (Fla. Dist. Ct. App. 1995)
- Washington v. Fudge (Fla. Dist. Ct. App. 1993)
- Wooding v. Williams (Fla. Dist. Ct. App. 1991)
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
Wanda JACKSON and Department of Health and Rehabilitative Services, Appellants,
v.
Reginald Jerome POWELL, Appellee.
District Court of Appeal of Florida, Third District.
Melvin A. Rubin, for appellants.
Reginald Jerome Powell, in pro. per.
Before NESBITT, BASKIN and COPE, JJ.
PER CURIAM.
We reverse the order modifying a child support obligation because there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of *1146 the requested relief. E.g., Pace v. Pace, 471 So.2d 680 (Fla. 3d DCA 1985); Sweetland v. Gauntlett, 460 So.2d 570 (Fla. 3d DCA 1984); Valdes v. Valdes, 460 So.2d 569 (Fla. 3d DCA 1984). The trial court may not circumvent such required pleadings by ordering a child support modification on its own motion, see Koken v. Neubauer, 374 So.2d 49 (Fla. 3d DCA 1979), unless proper notice is given so that the opposing party has a fair opportunity to oppose the motion.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.