L.O., FATHER OF J.O., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
L.O., FATHER OF J.O., A CHILD, APPELLANT,
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
876 So. 2d 1292
Florida District Court of Appeal, Fifth District (2004)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We determine that Appellant was denied procedural due process under circumstances indistinguishable from our recent decision in R.M. v. Department of Children & Families, 877 So. 2d 797, 2004 WL 1486038 (Fla. 5th DCA July 2, 2004). Accordingly, as in R.M., we vacate the support order and remand for a properly-noticed hearing on the issue of the award of temporary child support. We note that, although unclear from the record before us, Appellant might be serving a prison sentence at the present time. Upon remand, therefore, the court, in addition to other factors, should consider the impact of Department of Revenue v. Jackson, 846 So. 2d 486, 491 (Fla.2003).
ORDER VACATED and CAUSE REMANDED.
THOMPSON, ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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D.W. v. Dep't of Child. & Families, 882 So. 2d 491 (Fla. 5th DCA 2004)…r entered against a seemingly indigent father subsequent to the shelter hearing because of the lack of opportunity to be heard. Id. This case is indistinguishable from both R.M. and the companion case of L.O. v. Department of Children and Families, 876 So. 2d 1292 (Fla. 5th DCA 2004). All of these cases involve substantially the same procedure, as well as the same trial judge. As in those cases, we reverse and remand for a properly noticed hearing that, complies with the requirements of procedural due process…
Authorities Cited
- Dep't OF Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003)
- R.M. v. Dep't of Child. & Families, 877 So. 2d 797 (Fla. 5th DCA 2004)