Cardozo v. Cardozo
Cardozo v. Cardozo
Opinion of the Court
The wife, Sue Cardozo, appeals a final judgment of dissolution of marriage, asserting notice of the final hearing was inadequate. We agree and reverse.
The trial court’s order fixing the date of the final hearing for April 17, 1997, is dated March 27, 1997, and was filed on March 31, 1997. The order thus fails to provide the thirty-day notice required under Florida Rule of Civil Procedure 1.440(c). The husband’s subsequent Notice of Hearing also fails to comply with rule 1.440(c). Failure to comply with rule 1.440(c) in setting a final hearing in a dissolution matter constitutes reversible error and requires remand for a new trial. Rivera v. Rivera, 562 So.2d 833, 834 (Fla. 1st DCA 1990).
REVERSED and REMANDED.
Reference
- Full Case Name
- Sue Ann CARDOZO v. Diego CARDOZO
- Cited By
- 1 case
- Status
- Published