STEVEN L. BLENDER, APPELLANT,
v.
NANCY JILL BLENDER, APPELLEE
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The court held that it was error to modify an initial judgment regarding child custody and visitation without a properly pled petition for modification.
An initial judgment provided for shared parental responsibility and liberal visitation. A subsequent judgment modified the earlier one, awarding sole …
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PER CURIAM.
We reverse that part of the final judgment modifying a previously bifurcated portion of the judgment relating to custody and visitation.
The 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 initial judgment in the absence of a properly pled petition for modification.
We 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.
In 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).
On 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Bartolotta v. Bartolotta, 687 So. 2d 1385 (Fla. 4th DCA 1997)…her’s modification petition is legally inadequate because it fails to allege the occurrence of a substantial and material change. In the absence of a properly pled modification petition, it is error to enter a modification order. Blender v. Blender, 623 So. 2d 544 (Fla. 4th DCA 1993). Further, if the noncustodial parent fails to allege that a substantial and material change has occurred and the trial court fails to make a similar finding, the modification order should be reversed. Evans v. Evans, 490 So. 2d 1…
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Blender v. Blender, 760 So. 2d 950 (Fla. 4th DCA 1999)…ngly erratic and bizarre behavior. On appeal, this court affirmed the dissolution judgment in all respects except for restrictions that were placed on the husband’s visitation which were entered without notice to the husband. See Blender v. Blender, 623 So. 2d 544, 544-45 (Fla. 4th DCA 1993). For the next five years, the parties continued to excessively litigate the payment and amount of child support, and alimony as well as child custody. On September 3, 1993, the husband filed a petition to modify the fina…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Stern v. Four Freedoms Nat'l Med. Servs., 417 So. 2d 1085 (Fla. 3d DCA 1982)