Pettry v. Pettry

Summary

The Florida Fifth District Court of Appeal reversed an order converting rehabilitative alimony to permanent alimony. The court held that the former husband was denied due process when he was not permitted to call proposed witnesses or present closing argument. It also upheld the trial court's qualification of a mental-health expert but required a new hearing before a different judge because the original judge had expressed disagreement with the prior alimony determination.

Holdings

1. A party in a modification hearing must be given the opportunity to be heard, testify, call witnesses on the party's behalf, and present closing argument. Denying those opportunities constituted harmful error requiring reversal.
2. The trial court did not abuse its discretion by accepting Marilyn Schleyer as an expert witness on the former wife's mental or emotional health.
3. Because the trial judge made clear that he disagreed with the original judgment awarding rehabilitative rather than permanent alimony, the rehearing was directed to be assigned to another judge.

Questions Presented

1. Whether the former husband's due process rights were violated when the trial court prevented him from calling additional witnesses and from presenting closing argument at the alimony-modification hearing.
2. Whether the trial court abused its discretion by permitting Marilyn Schleyer to testify as an expert regarding the former wife's mental or emotional health.
3. Whether the modification hearing should be reassigned to a different judge because the trial judge expressed disagreement with the original rehabilitative-alimony award.

Disposition

reversed_and_remanded