SHARON L. BARNES, APPELLANT,
v.
DENNIS NICHOLAS FUCCI, APPELLEE
SHARON L. BARNES, APPELLANT,
DENNIS NICHOLAS FUCCI, APPELLEE
563 So. 2d 175
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse. Under the facts of this case the trial court erred in failing to grant the appellant/mother’s petition for writ of ha-beas corpus ad testificandum. While the mother was incarcerated, the father filed a motion to modify child custody and child support. The mother responded and petitioned’ the trial court to enter an order directing that she be transported from prison to the trial court for the purpose of attending the hearing on the father’s mo tion to modify. In our view, the mother had a due process right to be present and an opportunity to be heard at the hearing on the father’s motion. See Baker v. Baker, 403 So. 2d 1111 (Fla. 2d DCA 1981).
REVERSED AND REMANDED.
DOWNEY, DELL and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McGLAMRY v. McGLAMRY, 608 So. 2d 553 (Fla. 4th DCA 1992)…, 105 So. 2d 605, 609 (Fla. 2d DCA 1958), which held that due process contemplated that notice and a full and fair opportunity to be heard should be afforded parties before any significant step is taken in a case. More recently, in Barnes v. Fucci, 563 So. 2d 175 (Fla. 4th DCA 1990), a panel of this court reversed a trial court order denying a mother’s petition for writ of habeas corpus ad testificandum, holding that as she is incarcerated, she had a due process right to be present and an opportunity to be h…
Authorities Cited
- Baker v. Baker, 403 So. 2d 1111 (Fla. 2d DCA 1981)