Legal Opinion

Allen v. Hall-Allen

District Court of Appeal of Florida

Decided July 6, 2005No. 4D04-587Published

1Per curiam

A father appeals the trial court’s order requiring him to pay child support entered after a post-dissolution proceeding in which the father had requested visitation with his child. The order recites that the issue of child support was heard on the court’s own motion at the same time it awarded the father visitation. There is no order by which the court set the support issue for hearing or alerted the father that the issue of child support would be addressed. Because his right of due process was violated by the court’s failure to give him notice that the issue would be considered, we reverse.…

2Cases cited3 opinions

  1. Mizrahi v. MizrahiDistrict Court of Appeal of Florida · 2004
  2. Hart v. HartDistrict Court of Appeal of Florida · 1984
  3. Fuchs v. FuchsDistrict Court of Appeal of Florida · 2003

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