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HAYES v. WHELAN

No. OO-191.

377 So.2d 54 (1979)

Margaret Ann HAYES, a/K/a Margaret Ann Whelan, Appellant, v. Dennis M. WHELAN, Appellee.

District Court of Appeal of Florida, First District.

November 30, 1979.

Attorney(s) appearing for the Case

George D. Rotchford, Jacksonville, for appellant.

No appearance for appellee.

PER CURIAM.

The court erred in sua sponte reducing the wife's visitation rights without written pleadings by the husband requesting such relief. Lourcey v. Lourcey, 256 So.2d 25 (Fla. 1st DCA 1971). We further note that the wife was not present at the hearing which considered the husband's petition. Accordingly, we affirm the provisions in the judgment granting the relief requested in the petition, but reverse the...

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