Manley v. Tedesco

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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA February 18, 2009 CLAY WINDSOR MANLEY, Appellant, v. TINA MARIE TEDESCO, Appellee. ) ) ) ) ) ) ) ) ) ___) Case No. 2D08-312 BY ORDER OF THE COURT: The Appellant's motion for rehearing filed January 8, 2009, is granted. We withdraw our previously issued opinion dated December 24, 2008, and substitute the attached opinion in its place. The Appellant's motion for rehearing en banc is denied as moot. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. JAMES R. BIRKHOLD, CLERK NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CLAY WINDSOR MANLEY, ) ) Appellant, ) ) v. ) ) TINA MARIE TEDESCO, ) ) Appellee. ) ______________________________________) Case No. 2D08-312 Opinion filed February 18, 2009. Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge. Virgina R. Vetter, Tampa, for Appellant. No appearance for Appellee. PER CURIAM. Manley appeals an order entered by the trial court establishing an arrearage amount of $45,877.28. We reverse. We also note that other motions were heard which were not noticed for hearing. The hearing on the amount of the child support arrearage was inadequate for a number of reasons. The most obvious was the fact that the records of the -2- Department of Revenue (DOR) potentially reflected a different arrearage amount from that testified to by Tedesco. The continuance requested by Manley to allow a DOR representative to testify should have been granted. We reverse and remand for a new hearing to determine the proper child support arrearage as due on November 20, 2007, and to enter an order that is appropriate based on that calculation. Reversed and remanded. WHATLEY, and LaROSE JJ., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur. -3-

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