Florida District Courts of Appeal, 1999

McGuire v. McGuire

McGuire v. McGuire
Florida District Courts of Appeal · Decided February 19, 1999 · Dauksch, Goshorn, Harris
725 So. 2d 472; 1999 Fla. App. LEXIS 1594; 1999 WL 76112 (Southern Reporter, Second Series)

McGuire v. McGuire

Opinion of the Court

DAUKSCH, J.

This is an appeal from two post-judgment orders in a marital dissolution case.

Because the trial considered issues and rendered orders ex parte with no notice to appellant, the orders must be quashed. Upon remand the chief judge of the circuit should assign a different judge to consider this case.

ORDERS QUASHED; REMANDED.

GOSHORN, J., concurs. HARRIS, J., concurs specially with opinion.

Concurring Opinion

HARRIS, J.,

concurring specially.

Perhaps there is more to this than the record reflects. The record is nearly bare. For example, the record does not contain a notice of hearing, pleadings, open court minutes, or any other indication that the parties appeared before the judge after the father “objected” to the mother’s motion to reinstate an abated child support requirement after the father became reemployed.

The record does reflect two orders, apparently prepared and provided by the father, reinstating child support at a reduced amount and forgiving the father for any ar-rearage. The father indicated on appeal that he went before the judge “during ex parte” and the judge set the new child support amount based on his most recent paystub.

It is not the amount of support that I find objectionable. The record is inadequate for such a determination. It is the shortcut used to arrive at the amount that I consider erroneous.

The mother appeals and I agree that the matter should be reversed.

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