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Litigation
Temporary Support
A deposition is not required prior to an award of temporary support. Fisher v. Bond, Case No. 3D05-781, Court of Appeal of Florida, Third District, August 1, 2005.
The couple was married in February, 1995. The wife filed for divorce in October 2004, and requested, inter alia, temporary support from the husband pending a final dissolution of marriage. A hearing was held in March 2005 on administrative matters; the wife appeared via telephone because she was being treated for cancer in another location. The court required that the wife's deposition be taken and postponed a temporary support hearing until the wife's deposition was taken. The wife appealed, and the appellate court reversed. It held that the trial court abused its discretion in requiring that the wife be available for a deposition before a hearing on the temporary issues because no such requirement existed in Florida civil procedure or Florida family law.
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