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TINDALL v. TINDALL

Nos. 85-1349, 85-2581.

491 So.2d 316 (1986)

Carleton H. TINDALL, Appellant, v. Laura J. TINDALL, Appellee, Carleton Haines TINDALL, Appellant, v. Laura Jane TINDALL, Appellee.

District Court of Appeal of Florida, Fourth District.

July 9, 1986.

Attorney(s) appearing for the Case

Edna L. Caruso of Edna L. Caruso, P.A., and Montgomery, Searcy & Denney, P.A., West Palm Beach, for appellant.

James P. O'Flarity of the Law Offices of James P. O'Flarity, P.A., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DOWNEY and DELL, JJ., concur.

ANSTEAD, J., specially concurs with opinion.

ANSTEAD, Judge, specially concurring.

I concur in an affirmance because the issue raised on appeal was never presented to the trial court. I believe it was error for the trial court to conduct a final hearing on the wife's petition for modification without notice to the defaulted husband. Cf. Fla.R. Civ.P. 1.440(c) (providing for...

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