01-0623 ALFONSO V. ALFONSO

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-0623

Case Date: 08/14/2002

Plaintiff: 01-0623 ALFONSO

Defendant: ALFONSO

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002
RALPH ALFONSO,  **
Appellant,  **
vs.  **  CASE NO. 3D01-623

GLORIA ALFONSO, ** LOWER TRIBUNAL NO. 00-28399 Appellee. **
Opinion filed August 7, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Eugene
J. Fierro, Judge. Ralph Alfonso, in proper person. Kutner, Rubinoff, Busch & Lerner, and Susan S. Lerner, for
appellee.
Before JORGENSON, LEVY and SORONDO, JJ.
SORONDO, J.
Ralph Alfonso appeals a final judgment dissolving his marriage to Gloria Alfonso.  He argues that the trial court erred in denying him the inherent right to be present at the final hearing and that the trial court abused its discretion when it scheduled the final hearing less than thirty days from the service of notice for trial. We disagree and affirm.
Ralph and Gloria were married on September 20, 1994.  They had their only child eleven months later and separated one year thereafter.
Ralph was arrested and ultimately convicted of felonies which resulted in a lengthy jail sentence that he is serving at the DeSoto Correctional Institution in Arcadia, Florida.  Gloria petitioned for dissolution of marriage on November 13, 2000, seeking sole parental custody and responsibility of the minor child, Gabriel, and no visitation for Ralph.  Ralph answered and filed a counter-petition on January 11, 2001, seeking a dissolution of the marriage and "temporary" sole parental responsibility to Gloria until his release from prison.  He further sought regular visitation with his son, and deferral of child support payments until his release.
The final hearing was held on February 6, 2001.  The trial court entered a Final Judgment of Dissolution of Marriage awarding Gloria sole parental responsibility of the couple

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