Florida District Courts of Appeal, 1995

Mitchell v. Department of Health & Rehabilitative Services

Mitchell v. Department of Health & Rehabilitative Services
Florida District Courts of Appeal · Decided August 23, 1995 · Gunther, Polen, Stevenson
658 So. 2d 1250; 1995 Fla. App. LEXIS 8912; 1995 WL 497306 (Southern Reporter, Second Series)

Mitchell v. Department of Health & Rehabilitative Services

Opinion of the Court

PER CURIAM.

This is an appeal by the former husband from a post-judgment contempt order for failure to pay support arrearages. The Department of Health and Rehabilitative Services and the former wife filed a “Notice of Confession of Error” conceding that the order of contempt was entered at a hearing without notice to the former husband. See Vanoy v. Johnson, 459 So.2d 453 (Fla. 5th DCA 1984); Delves v. Delves, 213 So.2d 895 (Fla. 1st DCA 1968). We agree that the trial court’s order denied the former husband notice and a fair opportunity to oppose the contempt.

REVERSED.

GUNTHER, C.J., and POLEN and STEVENSON, JJ., concur.

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