Legal Opinion

Rodriguez v. Rodriguez

District Court of Appeal of Florida

Decided October 30, 2015No. 5D15-789Published

1Per curiam

Rafael Rodriguez, Jr. appeals a final judgment dissolving his marriage to Valerie M. Rodriguez. He argues that he was denied due process when the trial court failed to allow him to appear telephonically for the final hearing, despite filing a proper and timely motion for a telephonic appearance. We agree and reverse.

Mr. Rodriguez, an inmate, properly apprised the trial court of his desire to attend the final hearing telephonically. The trial court erred by conducting the hearing without giving him an opportunity to appear by telephone. See Hubsch v. Howell Creek Reserve Cmty., 155 So.3d 474…

2Cases cited2 opinions

  1. Johnson v. JohnsonDistrict Court of Appeal of Florida · 2008
  2. Hubsch v. Howell Creek Reserve CommunityDistrict Court of Appeal of Florida · 2015

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