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Smith v. Smith
363 So. 2d 832
Fla. Dist. Ct. App.
1978
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PER CURIAM.

This is an appeal from an order modifying a prior award of child support. The record reflects that there was no pleading requesting a modification of child support, nor was there any indication that financial information adduced at the hearing to prove arrearages and ability to pay would be considered by the court as a basis for modification. See Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Avery v. Avery, 314 So.2d 198 (Fla. 1st DCA 1975); Williams v. Williams, 272 So.2d 827 (Fla. 1st DCA 1973).

Accordingly, we reverse that provision of the order reducing child support.

Appellant’s request for appellate attorney’s fees is granted. This case is remanded to the trial court for fixing the amount.

McCORD, C. J., and BOYER and MILLS, JJ., concur.

Case Details

Case Name: Smith v. Smith
Court Name: District Court of Appeal of Florida
Date Published: Sep 27, 1978
Citation: 363 So. 2d 832
Docket Number: No. II-119
Court Abbreviation: Fla. Dist. Ct. App.
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