Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ROBERT SIMPSON, APPELLANT, v. ARLENE SIMPSON, APPELLEE.

PER CURIAM.

We reverse a final judgment of dissolution of marriage because Appellant failed to receive proper notice of the final hearing. Florida Rule of Civil Procedure 1.440(c) states, "Trial shall be set not less than 30 days from the service of the notice for trial." See Roggemann v. Boston Safe Deposit and Trust Co., 670 So.2d 1073 (Fla. 4th DCA 1996); S.W.T. v. C.A.P. and T.W.T, 595 So.2d 1084 (Fla. 4th DCA 1992) (trial court's failure to comply with mandatory language of 1.440(c), requiring trials notto be set less than 30 days from notice for trial, required reversal of declaratory judgment terminating husband's parental rights).

In 1995, the Family Law Rules of Procedure adopted rule 12.440, which states that, "Florida Rule of Civil Procedure 1.440 shall govern general provisions concerning setting an action for trial in family law matters. . . ." The rule then sets forth several exceptions and additions which are not relevant here.

This rule has been held mandatory and applicable to final hearings as well as to jury trials. See Colson v. Scroggins, 606 So.2d 472, 473 (Fla. 1st DCA 1992). In the instant case, the notice of hearing was filed July 8, noticing a hearing to be held on July 15. This notice clearly failed to comply with the 30 day requirement of rule 1.440(c).

STONE, C.J., WARNER and PARIENTE, JJ., concur.

Use AI to get other relevant cases.

Comments

SIMPSON v. SIMPSON
(Oct 15, 1997)