Legal Opinion

Crossin v. Crossin

District Court of Appeal of Florida

Decided March 12, 2008No. 4D06-4899Published

1Opinion of the CourtGross, J.

We reverse two aspects of the final judgment of dissolution — the portions on “Parental Responsibility” and “Child Support Obligations.”

The trial court struck the husband’s pleadings due to “his willful failure to comply with discovery obligation[s].” During the trial of parental responsibility issues, the court made rulings, evidentiary and otherwise, based on the fact that the husband’s pleadings had been stricken. Custody of a child is always determined upon the best interests of the child; “[s]uch issues are not to be foreclosed on technical pleading defaults.” Seibert v. Seibert, 436…

2Cases cited4 opinions

  1. Seitz v. SeitzDistrict Court of Appeal of Florida · 1985
  2. Moore v. MooreSuperior Court of Pennsylvania · 1962
  3. Seibert v. SeibertDistrict Court of Appeal of Florida · 1983
  4. King v. KingNebraska Supreme Court · 1907

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