Florida District Courts of Appeal, 2000

Galsky v. Galsky

Galsky v. Galsky
Florida District Courts of Appeal · Decided June 30, 2000 · Cope, Nesbitt, Schwartz
762 So. 2d 567; 2000 WL 873157 (Southern Reporter, Second Series)

Galsky v. Galsky

Opinion of the Court

PER CURIAM.

In an evidentiary hearing on the husband’s emergency motion to establish summer visitation, the trial eourt interrupted the wife’s cross-examination of the husband and announced a ruling, thus preventing completion of the cross-examination as well as any opportunity for the wife to testify in support of her claim that the husband, who plans to vacation with the children in his home country of Venezuela, has threatened not to return the children to this country. We vacate the order granting the husband permission to take the children out of the country. We direct that there be a new evidentiary hearing, before a different judge, within ten business days. We intimate no view on the ultimate merits.

Certiorari granted.

COPE, J., and NESBITT, Senior Judge concur.

Dissenting Opinion

SCHWARTZ, C.J.,

dissents.

I would deny the petition for writ of certiorari.

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