Crossin v. Crossin
District Court of Appeal of Florida
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
- Seitz v. SeitzDistrict Court of Appeal of Florida · 1985
- Moore v. MooreSuperior Court of Pennsylvania · 1962
- Seibert v. SeibertDistrict Court of Appeal of Florida · 1983
- King v. KingNebraska Supreme Court · 1907