DOMNIN v. DOMNINA (2024)

We reverse the temporary relief order on appeal because the trial court's termination of the hearing, at which only the wife's evidence in support of her requests for temporary alimony, attorney's fees, and suit costs was heard, without allowing the husband an opportunity to present his case-in-chief, resulted in a denial of the husband's due process rights. See, e.g., Julia v. Julia, 146 So. 3d 516, 520 (Fla. 4th DCA 2014) (reversing final divorce judgment because trial court violated wife's due process rights by not giving her an opportunity to present her case-in-chief before ruling on the merits of the issues presented). On remand, the trial court is directed to conduct a de novo hearing on the wife's temporary relief requests that were resolved by the predecessor judge in the order on review. The scope of the hearing on remand need not address the issue of temporary timesharing of the parties’ minor children as that issue was resolved by agreement of the parties during the temporary relief hearing.

Reversed and remanded with instructions.

Per Curiam.

Warner, Gerber and Artau, JJ., concur.