Leibowitz v. Leibowitz

Leibowitz v. Leibowitz, 611 So. 2d 629 (Fla. Dist. Ct. App. 1993)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: February 3, 1993
Docket: No. 92-0904
Judges: Per Curiam
Citations: 611 So. 2d 6291993 WL 20435

Cited by 4

Opinion — Per Curiam

611 So.2d 629 (1993)

Larry LEIBOWITZ, Appellant,

Connie LEIBOWITZ, Appellee.

No. 92-0904.

District Court of Appeal of Florida, Fourth District.

February 3, 1993.

Barbara Markley, Support Enforcement Division of Broward County, Fort Lauderdale, for appellant.

Robert B. Resnick, Boca Raton, for appellee.

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 DCA 1979), cert. denied, 389 So.2d 1116 (Fla. 1980); Broward County v. Perdue, 432 So.2d 742 (Fla. 4th DCA 1983). 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 *630 DCA 1989). 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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Cited by 4 cases

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State Appellate Courts4

Relies on it most ⓘ

Geiger v. Geiger632 So. 2d 693 (Fla. Dist. Ct. App. 1994)
Torres v. Marzelli657 So. 2d 943 (Fla. Dist. Ct. App. 1995)
Chaphe v. Chaphe19 So. 3d 1019 (Fla. Dist. Ct. App. 2009)
Hartman v. Hartman84 So. 3d 436 (Fla. Dist. Ct. App. 2012)

Most recent

Hartman v. Hartman84 So. 3d 436 (Fla. Dist. Ct. App. 2012)
Chaphe v. Chaphe19 So. 3d 1019 (Fla. Dist. Ct. App. 2009)
Torres v. Marzelli657 So. 2d 943 (Fla. Dist. Ct. App. 1995)
Geiger v. Geiger632 So. 2d 693 (Fla. Dist. Ct. App. 1994)

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 4

Depth	Case	Cited by
	Broward Cnty. v. Perdue, 432 So. 2d 742 (Fla. Dist. Ct. App. 1983)	21
	Tremblay v. Marck, 378 So. 2d 855 (Fla. Dist. Ct. App. 1979)	12
	Sentz v. Sentz, 548 So. 2d 297 (Fla. Dist. Ct. App. 1989)	5
	Goldman-Link v. Kerner, 611 So. 2d 629 (Fla. Dist. Ct. App. 1993)	1

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