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Biscaro v. Stern, No. B205856

By FindLaw Staff on December 31, 2009 11:00 AM

Trial court's issuance of restraining order against the defendant to stay at least 100 yards away from his ex-wife and her adult son is reversed where: 1) it was reversible error not to rule on defendant's request for accommodation for his neurological disabilities; and 2) it was an error to award the condominium as the ex-wife's separate property as the judgment of dissolution against the defendant was by default, and as such, a default judgment may not award more relief than a complaint requests without violating due process.   

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Appellate Information

Filed December 30, 2009

Judges

Opinion by Judge Rubin

Counsel
For Appellant:   Allen L. Lanstra, Jr.

For Appellee:   N/A

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