HomeMy WebLinkAbout2165 IN THE DISTRI(,T ~OC?RT OF APFkAL OF 'rfiE STAT1: Or FLORIJ~A
FOURTH DL~TRIC1 (ULY '1'ERM 1975
1?AICEiA H:I. ALL.EN RUNYON, SR,
)
Appellant, )
_ )
v. ) CASE NO. 74-1287
~ ~ -
I~~ARY ANN RUNYON, ) '
)
A ppellee. )
Oplnion filed july 3, 1975.
Appeal from the Circuit Court for St.
Lucis County; James E. Alderman, ~ '
judge.
George E. Harris of Bratten Linn & ,
Harris, P. A. , Wes[ Palrn Beach, for ~
appellant.
Lee E. Muschott of Brennan McAliley
Albury & Hayskar, Fort Pierce, for .
appellee. ~
PER CUR IA M.
By a motloR to vacate filed pursuant to Rule 1. 540, R. C. P.,
appellant sought to vacate an order (entered subsequent to final dissolution
of marriage} which awarded cus~ody of appellant's two minor children to
;
; their mother~ appellant's former wife. Appeltant's motion aileged that
r
I due to his attorney's negligence or exeusab2e neglect, appellant had not ~
i
~ been afforded an ogportunity to be heard on the issue of child custody
though he had sough[ such hearing
The order appealed, though denying a further stay of the
prior custody order, d~d provide rhat appellant would be granted a further
evidentiary hearing for the purpose of presenting evidence In rebuttal to
the Diviaion of Famliy Szrvices report upon which the trial court had
relied in entering the original custody order. Appellant would not need
~
~ to rebut those portions of the report favorable to him, and the opportunity
~
~ to preser~t evidence "in rebu[tai" to any portions unfavorable [o his
position will adequately protect hIs rights. Such hearing is obviously
~ BOOK ~4~ PACE2~V5
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