Public-domain · open source
OpenJurist

623 So. 2d 544

Blender v. Blender

District Court of Appeal of Florida · decided 1993-08-04

Cited by 2 later decisions — most recently August 1999

2 state decisions

Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · 417 So. 2d 1085 - Stern v. FOUR FREEDOMS NAT. MED. SERVICES, CO.

Good law ✅— No negative treatment on recordhow we know

Decided 1993-08-04

View the full empirical analysis of this case →

PER CURIAM.

¶1We reverse that part of the final judgment modifying a previously bifurcated portion of the judgment relating to custody and visitation.

¶2The initial partial final judgment, by stipulation, provided for shared parental responsibility and liberal visitation for Appellant. The subsequent judgment modifies the earlier judgment, awards sole custody to Appel-lee, and denies Appellant any contact with his children. It was error to modify the *545initial judgment in the absence of a properly pled petition for modification.

¶3We recognize that an emergency hearing was held during the period between judgments on Appellee’s short notice emergency motion. An emergency order was entered based on evidence concerning Appellant’s mental health, conduct and intentions at that time. However, the record reflects no pleading by which Appellant was placed on notice that Appellee was seeking the permanent modification of the earlier stipulated judgment provisions.

¶4In all other respects the final judgment is affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979) and Stern v. Four Freedoms Nat’l. Medical Servs. Co., 417 So.2d 1085 (Fla. 3d DCA 1982).

¶5On remand, the provisions of the final judgment of July 3, 1992 shall remain in effect as a temporary emergency order for ninety days without prejudice to either party seeking other and further relief in the trial court.

STONE and FARMER, JJ. and DOWNEY, JAMES C., Senior Judge, concur.
/623/so2d/544 · .json · Public domain