5D04-1996 Cintron v. Martinez

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1996

Case Date: 02/14/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

WALTER CINTRON, Appellant, v. CARMEN MARTINEZ F/K/A CARMEN CINTRON, Appellee. ________________________________/ Opinion filed February 18, 2005 Appeal from the Circuit Court for Orange County, Alice Blackwell-White, Judge. Walter Cintron, Lowell, Pro Se. Charles J. Crist, Jr., Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellee. MONACO, J. Walter Cintron, who is in prison, appeals an order denying his petition to modify and suspend his child support obligation because of his imprisonment. The Florida Supreme Court has articulated the procedure to be used in considering such cases. See Dep't of Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003). As the Department of Revenue agrees, the trial court did not follow the procedure specified in Jackson. Accordingly, we reverse with instructions to the circuit court to reconsider Mr. Cintron's motion in light of Jackson. Case No. 5D04-1996

REVERSED and REMANDED.

SAWAYA, C.J. and PETERSON, J., concur.

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