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STATE, DHRS, EX REL. MILLIGAN v. MILLIGAN

No. 88-02503.

541 So.2d 1345 (1989)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, ex rel. Mary MILLIGAN, Appellant, v. John P. MILLIGAN, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 1989.

Attorney(s) appearing for the Case

Sheryl D. Snodgrass and Harold E. Barker of Carlton & Carlton, P.A., Lakeland, for appellant.

PER CURIAM.

We find that the trial judge erred in cancelling a portion of the child support arrears owed by the appellee in the absence of a proper pleading requesting such cancellation. See State Dep't of Health & Rehabilitative Servs. v. Canady, 473 So.2d 273 (Fla. 2d DCA 1985). Accordingly, we reverse that portion of the order cancelling the arrears.

DANAHY, A.C.J., and FRANK and PARKER...

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