LARRY LEIBOWITZ, APPELLANT,
v.
CONNIE LEIBOWITZ, APPELLEE

Fla. 4th DCA | 1993-02-03
No. 92-0904
ANSTEAD, GUNTHER and WARNER, JJ., concur.
611 So. 2d 629 Florida District Court of Appeal, Fourth District (1993)


Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse because the trial court erred in denying the husband’s motion filed pursuant to Florida Rule of Civil Procedure 1.540(b) seeking relief from an order dated January 23, 1992, modifying child support payments and visitation rights.

We agree with the husband’s contention that the trial court erred in denying his motion for relief because the husband set forth excusable neglect and a meritorious defense. Tremblay v. Marck, 378 So. 2d 855 (Fla. 4th DCA1979), cert. denied, 389 So. 2d 1116 (Fla.1980); Broward County v. Perdue, 432 So. 2d 742 (Fla. 4th DCA1983). Furthermore, the trial court erred in modifying the wife’s child support obligation and visitation rights because the wife filed no pleading requesting such modification. Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA1989). Therefore, the trial court lacked jurisdiction to modify the child support payments and visitation. Accordingly, we reverse the order denying the husband’s motion for relief, and we remand to the trial court to vacate the order dated January 23, 1992.

REVERSED AND REMANDED.

ANSTEAD, GUNTHER and WARNER, JJ., concur.


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