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HURST v. HAMPTON

No. 71-827.

274 So.2d 891 (1973)

Harold Eugene HURST, Appellant, v. Bobbie Jean HAMPTON, Formerly Bobbie Jean Hurst, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 10, 1973.

Attorney(s) appearing for the Case

Lionel H. Silberman, Orlando, for appellant.

WALDEN, Judge.

Post divorce the mother applied and received judgment against the former husband for more than $9,000 in child support arrearages. The husband's affirmative defense that his former wife had abandoned the children for a number of years was stricken and not considered. The husband appeals. We reverse.

We opine that the defense as pleaded was not frivolous, sham or otherwise subject to the summary treatment...

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