SHARON SINTON, APPELLANT,
v.
MARK JAY SINTON, APPELLEE
PER CURIAM.
Appellant, Sharon Sinton, challenges an order modifying the visitation provisions of her final judgment of dissolution. Appellant contends she was not given notice that the issue of visitation would be addressed at the hearing on the former husband’s petition to modify the final judgment. Because the court’s pretrial conference order did not list visitation as an issue in dispute, and because both parties filed pretrial statements indicating that the matter of visitation had been settled at mediation, we agree, and reverse. See Fla. Fam. L.R.P. 12.200(d); Lentz v. Lentz, 414 So. 2d 292 (Fla. 2d DCA 1982).
PATTERSON, C.J., ALTENBERND and STRINGER, JJ., Concur.
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Paola Perez v. Derik FAY, 160 So. 3d 459 (Fla. 2d DCA 2015)…etion and reversible error.” Abbott v. Abbott, 98 So. 3d 616, 617-18 (Fla. 2d DCA 2012) (citations omitted) (internal quotation marks omitted). Additionally, a court should not grant such relief absent proper notice to the parties. Sinton v. Sinton, 749 So. 2d 532, 533 (Fla. 2d DCA 1999). Worthington v. Worthington, 123 So. 3d 1189, 1190-91 (Fla. 2d DCA 2013). Moreover, a court errs in granting relief on issues not tried with the consent of the parties. See Byers v. Callahan, 848 So. 2d 1180, 1184 (Fla. 2d D…
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Worthington v. Worthington, 123 So. 3d 1189 (Fla. 2d DCA 2013)…reversible error.” Abbott v. Abbott, 98 So. 3d 616, 617-18 (Fla. 2d DCA 2012) (citations omit [*1191] ted) (internal quotation marks omitted). Additionally, a court should not grant such relief absent proper notice to the parties. Sinton v. Sinton, 749 So. 2d 532, 533 (Fla. 2d DCA 1999). Although we are without the benefit of a transcript of the hearing, it is clear from the record that the modified visitation times are not part of the relief requested in the Former Husband’s motions for clarification and co…
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Romero v. Brabham (Fla. 4th DCA 2020)…st that the husband be denied any timesharing with the child”). “Additionally, a court should not grant such relief absent proper notice to the parties.” Worthington v. Worthington, 123 So. 3d 1189, 1191 (Fla. 2d DCA 2013) (citing Sinton v. Sinton, 749 So. 2d 532, 533 (Fla. 2d DCA 1999)). Granting unrequested relief absent proper notice is a violation of due process. See Buschor v. Buschor, 252 So. 3d 833, 834-35 (Fla. 5th DCA 2018) (concluding that the trial court violated Former Wife’s due process rights…
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- Lentz v. Lentz, 414 So. 2d 292 (Fla. 2d DCA 1982)