Leone v. Griffin

Dillard, Chief Judge.

In this custody dispute, Ashley David Leone appeals from the trial court’s denial of his motion for new trial, contending that the court erred in denying his motion without holding a hearing. For the reasons set forth infra, we reverse the trial court’s denial of Leone’s motion for new trial and remand the case for further proceedings consistent with this opinion.

Leone and Melissa Griffin have one child, born in February 2014. Shortly after the child’s birth, Leone filed a petition for legitimation. Following a lengthy hearing, on August 26, 2015, the trial court issued a…