Legal Opinion

Simpson v. Simpson

District Court of Appeal of Florida

Decided October 15, 1997No. 96-2644PublishedCited by 1 opinion

1Per curiam

We reverse a final judgment of dissolution of marriage because Appellant failed to receive proper notice of the final hearing. Florida Rule of Civil Procedure 1.440(c) states, “Trial shall be set not less than 30 days from the service of the notice for trial.” 1 See Roggemann v. Boston Safe Deposit and Trust Co., 670 So.2d 1073 (Fla. 4th DCA 1996); S.W.T. v. C.A.P. and T.W.T, 595 So.2d 1084 (Fla. 4th DCA 1992) (trial court’s failure to comply with mandatory language of 1.440(c), requiring trials not to be set less than 30 days from notice for trial, required reversal of declaratory judgment…

2Cases cited3 opinions

  1. Roggemann v. Boston Safe Deposit & Trust Co.District Court of Appeal of Florida · 1996
  2. S.W.T. v. C.A.P.District Court of Appeal of Florida · 1992
  3. Colson v. ScrogginsDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Stephen Lalond v. Amy LalondeDistrict Court of Appeal of Florida · 2015

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