Montemarano v. Montemarano
Montemarano v. Montemarano
792 So. 2d 573; 2001 Fla. App. LEXIS 10341; 2001 WL 830653
(Southern Reporter, Second Series)
Montemarano v. Montemarano
Opinion of the Court
We treat Appellant’s petition as a request for appellate review of a final judgment of injunction for protection against domestic violence and reverse the portion of the order requiring Appellant to vacate the premises. Due process requires that a party receive notice and an opportunity to be heard prior to entry of an order that affects her interests. Cortina v. Cortina, 98 So.2d 384 (Fla. 1957); Szymanski v. Szymanski, 603 So.2d 73, 74 (Fla. 4th DCA 1992), Appellee did not seek exclusive use and possession of the residence.
That portion of the trial court is quashed and this case is remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.