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SIMS v. SIMS

No. 86-1064.

509 So.2d 1160 (1987)

Patricia A. SIMS, Appellant, v. Kelley E. SIMS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 27, 1987.

Attorney(s) appearing for the Case

Jacki B. Geartner of Katz, Jaeger & Blankner, Orlando, for appellant.

Frank A. Taylor, Orlando, for appellee.

DAUKSCH, Judge.

This is an appeal from an order modifying an alleged child custody judgment. No such judgment ever existed so the court erred in purporting to change custody of a child from one parent to another.

When the marriage between these litigants was dissolved there was no personal service upon appellant but the petition for dissolution, filed by appellee, alleged appellant was "a fit and proper person for...

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