ATTORNEY GENERAL OF FLORIDA v. D'AGOSTO

No. 87-3282.

541 So.2d 167 (1989)

ATTORNEY GENERAL OF FLORIDA, Robert A. Butterworth, On Behalf of the State of Florida, Appellant, v. John D'AGOSTO, Honorable Freda Wright, Clerk of Court, Indian River County, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

April 12, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Eric J. Taylor, Asst. Atty. Gen., Tallahassee, for appellant.

Wayne R. McDonough of Saliba & McDonough, P.A., Vero Beach, for appellee-John D'Agosto.


LETTS, Judge.

The lower court held section 61.14, Florida Statutes (1987), unconstitutional because it precluded a father, who allegedly was in arrears in child support payments, from having his day in court and denied him due process. We affirm.

The residential custody of the child was awarded to the mother at the time of final dissolution. However, in fact, and with the acquiescence of the mother, the child had lived with the father for some two years prior...

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