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Florida District Courts of Appeal, 1999

State, Department of Revenue ex rel. Jones v. Zapata

State, Department of Revenue ex rel. Jones v. Zapata
Florida District Courts of Appeal · Decided January 13, 1999 · Cope, Gersten, Shevin
723 So. 2d 395; 1999 Fla. App. LEXIS 203; 1999 WL 9765 (Southern Reporter, Second Series)

State, Department of Revenue ex rel. Jones v. Zapata

Opinion of the Court

PER CURIAM.

We reverse the order on motion for contempt insofar as it modifies the obligor’s *396arrearage installment payment amount. The modification issue was not raised by appropriate pleadings, and the opponent was not given notice and opportunity to be heard on the issue. See Moody v. Moody, 721 So.2d 731, 23 Fla. L. Weekly D1424 (Fla. 1st DCA 1998); see generally Gibson v. Bennett, 561 So.2d 565 (Fla. 1990).

Reversed and remanded.

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