HAYWOOD
v.
BACON
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A trial court errs and denies due process when it enters a final order without allowing a party to complete presenting evidence, including cross-examination and rebuttal. The supplemental final judgment modifying the parenting plan was reversed and remanded for further proceedings.
[1] A trial court commits reversible error and denies due process when it enters a final order without allowing a party to complete presenting evidence, including cross-exami…
[2] The right to be heard in family law proceedings includes the right to introduce evidence at a meaningful time and in a meaningful manner, and a trial court may not preven…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Entering a final order without allowing a party to complete presenting evidence generally constitutes a denial of due process.”
Establishes the fundamental principle that trial courts must permit parties to fully present their evidence before entering final orders.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMichele Haywood and Richard Bacon divorced in 2012 with three children. After the children expressed a desire to live with Father, the parties agreed …
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MICHELE HAYWOOD, F/K/A MICHELE BACON,
Appellant,
v. Case No. 5D17-1899
RICHARD BACON,
Appellee.
________________________________/
Opinion filed June 8, 2018
Appeal from the Circuit Court for Orange County, Margaret H. Schreiber, Judge.
Tanya M. Plaut, of Law Office of Tanya M. Plaut, Edgewater, for Appellant.
No Appearance for Appellee.
PER CURIAM.
Michele Haywood F/K/A Michele Bacon (Mother) appeals the supplemental final judgment modifying child visitation and child support1 as set forth in the final judgment that dissolved her marriage to Richard Bacon (Father). Because the trial court failed to
2 Despite the minor children's change of heart, the GAL filed a second report maintaining her original position.
ORFINGER, BERGER and EISNAUGLE, JJ., concur.
3 On remand, we remind the trial court that although it may direct both sides to submit proposed final judgments, it “may not adopt the judgment verbatim, blindly, or without making in-court findings." Rykiel v. Rykiel, 795 So. 2d 90, 92 (Fla. 5th DCA 2000), as amended on reh'g (Feb. 9, 2001), quashed on other grounds, 838 So. 2d 508 (Fla. 2003); accord West v. West, 228 So. 3d 727, 728–29 (Fla. 5th DCA 2017) ([An] "appearance of impropriety exists when the trial judge adopts verbatim one party's onesided final judgment, especially where the judge did not orally announce findings or rulings during or at the end of trial.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eli Baron v. Baron, 941 So. 2d 1233 (Fla. 2d DCA 2006)
- Miller v. Miller, 671 So. 2d 849 (Fla. 5th DCA 1996)
- Rykiel v. Rykiel, 795 So. 2d 90 (Fla. 5th DCA 2000)
- Rykiel v. Rykiel, 838 So. 2d 508 (Fla. 2003)
- Cole v. Cole, 159 So. 3d 124 (Fla. 3d DCA 2013)
- Isiah Williams v. State, 146 So. 3d 516 (Fla. 2d DCA 2014)
- State v. Michel Noel, 228 So. 3d 727 (Fla. 5th DCA 2017)
- Bielling v. Bielling, 188 So. 3d 980 (Fla. 1st DCA 2016)