Barreiro v. Barreiro

Barreiro v. Barreiro, 377 So. 2d 999 (Fla. Dist. Ct. App. 1979)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 11, 1979
Docket: Nos. 79-1672, 79-1940
Judges: Pearson, Schwartz and Nesbitt
Citations: 377 So. 2d 999

Cited by 28 1 descriptions by later courts

Opinion

377 So.2d 999 (1979)

Frank L. BARREIRO, Appellant,

Patricia BARREIRO, Appellee.

Nos. 79-1672, 79-1940.

District Court of Appeal of Florida, Third District.

December 11, 1979.

*1000 Susan M. Girsch, Miami, for appellant.

Francis T. O'Donnell, Jr., Miami, for appellee.

Before PEARSON, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

Without prior notice, without appropriate pleadings, and over the objection of the husband, the trial judge expanded the scope of an "emergency hearing" which had been set only upon the wife's motion for the enforcement of out-of-state summer visitation with the parties' son, who was in his father's custody. The court thereafter provided, among other things, for temporary child support, transportation costs, grandparents' visitation, the terms of the wife's subsequent visitation, and the imposition of a constructive trust in favor of the appellee on the proceeds of property which she had conveyed to the husband pursuant to a property settlement agreement six years before. In so doing, the lower court was in palpable error. It was plainly improper, and clearly in violation of the appellant's due process rights, to hear and determine matters which were not the subject of appropriate pleadings or notice. Cortina v. Cortina, 98 So.2d 334 (Fla. 1957); Matthews v. Matthews, 376 So.2d 484 (Fla. 3d DCA 1979), and cases cited; Koken v. Neubauer, 374 So.2d 49 (Fla. 3d DCA 1979), and cases cited. Accordingly, with the sole exception of paragraph 1, which dealt with the summer visitation issue, the order of July 25, 1979 under review is, in its entirety,

Reversed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(holding that a court may not expand the scope of a hearing set only upon a particular motion without prior notice and without appropriate pleadings)

Nationstar Mortg., LLC v. Weiler, 227 So. 3d 181 (Fla. Dist. Ct. App. 2017)

Cited by 28 cases

View all citing references →

Relies on it most ⓘ

Nationstar Mortgage, LLC v. Weiler227 So. 3d 181 (Fla. Dist. Ct. App. 2017)
Bell v. DEPT., HEALTH & REHAB. SERV.487 So. 2d 1198 (Fla. Dist. Ct. App. 1986)
Levitt v. Levitt454 So. 2d 1070 (Fla. Dist. Ct. App. 1984)
Margulies v. Margulies528 So. 2d 957 (Fla. Dist. Ct. App. 1988)
Fickle v. Adkins394 So. 2d 461 (Fla. Dist. Ct. App. 1981)
Defreitas v. Defreitas398 So. 2d 991 (Fla. Dist. Ct. App. 1981)

Most recent

Petro Welt Trading ges.M.B.h v. Edward BrinkmannNo. 6D2023-0446 (Fla. Dist. Ct. App. Nov. 8, 2024)
Nationstar Mortgage, LLC v. Weiler227 So. 3d 181 (Fla. Dist. Ct. App. 2017)
Dept. of Children and Families v. RA980 So. 2d 578 (Fla. Dist. Ct. App. 2008)
Johnson v. Johnson979 So. 2d 350 (Fla. Dist. Ct. App. 2008)
State, Department of Revenue ex rel. Hicks v. Hicks681 So. 2d 812 (Fla. Dist. Ct. App. 1996)
Hully v. Hully653 So. 2d 1138 (Fla. Dist. Ct. App. 1995)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Cortina v. Cortina, 98 So. 2d 334 (Fla. 1957)	144
	Koken v. Neubauer, 374 So. 2d 49 (Fla. Dist. Ct. App. 1979)	10
	Matthews v. Matthews, 376 So. 2d 484 (Fla. Dist. Ct. App. 1979)	6

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