Johns v. Johns

I dissent for the reasons stated in my dissenting opinion in Chaddick v. Monopoli 677 So.2d 347 (Fla. 5th DCA 1996), rev. granted, 689 So.2d 1068 (Fla.1997). The trial judge, in declining to hear James Johns’ motion to modify the custody decree concerning his child, and doing so ex parte, essentially has deprived James of his “day in court.” With no record available upon which to base an appeal other than references to various telephone calls between a Michigan judge and the Florida judge, the issue has become unreviewable. In my view, James is entitled to a hearing.

Pursuant to the Uniform…