Public-domain · open source
OpenJurist

792 So. 2d 1234

Docket No. 4D01-760.

McKeever v. McKeever

Catherine M. McKEEVER, Appellant, v. Bruce McKEEVER, Appellee.

District Court of Appeal of Florida

Decided August 29, 2001.

Rehearing Denied September 17, 2001.

This page is marked noindex.

District Court of Appeal of Florida · decided 2001-08-29

Cited by 3 later decisions — most recently June 2006

3 state decisions

Relies on McDonald v. McDonald

Good law ✅— No negative treatment on recordhow we know

Decided 2001-08-29

View the full empirical analysis of this case →

¶1Jane Kreusler-Walsh and Rebecca J. Mercier of Jane Kreusler-Walsh, P.A., West Palm Beach and Michael P. Walsh of Michael P. Walsh, P.A., West Palm Beach, for appellant.

¶2Adam G. Heffner of Scheider & Heffner, Boca Raton, for appellee.

¶3FARMER, J.

¶4In this dissolution of marriage case, with a single exception we affirm all other provisions of the final judgment, including the award of primary residential custody to the father, as being supported by sufficient evidence. We reverse only the provision giving the father sole parental authority for the education of the child. The father had not sought this particular relief, and in fact his pleading had asked for only shared parental responsibility without any exception for education.

¶5In McDonald v. McDonald,732 So.2d 505 (Fla. 4th DCA 1999), which involved an identical issue, we held:

"the trial court's award of sole parental responsibility concerning the education of the minor child constitutes reversible error because appellee did not pray for this relief.... It is well settled that when an award of relief is not sought by the pleadings, it is reversible error to grant such relief."

¶6732 So.2d at 506. It was error to give the father that authority in the absence of *1235 some prior notice to the mother that such relief would be at issue.

¶7STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

/792/so2d/1234 · .json · Public domain