CATHERINE M. MCKEEVER, APPELLANT,
v.
BRUCE MCKEEVER, APPELLEE
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The court held that awarding sole parental authority for education to the father was reversible error because this relief was not sought in the pleadings.
In a dissolution of marriage case, the trial court awarded the father sole parental authority for the child's education, despite the father not reques…
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FARMER, J.
In 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.
In 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.”
732 So. 2d at 506. It was error to give the father that authority in the absence of some prior notice to the mother that such relief would be at issue.
STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Schneider v. Ivy Schneider, 864 So. 2d 1193 (Fla. 4th DCA 2004)…ent is construed as giving the Wife sole parental responsibility as to specific aspects of child-rearing, then such an award is necessarily erroneous because the Wife never sought such an award in her pleadings.” He relies upon McKeever v. McKeever, 792 So. 2d 1234 (Fla. 4th DCA 2001). In that case, this court held the father, having only asked for shared parental responsibility, was improperly given sole parental authority over the education of the child. Here, the final judgment cannot be interpreted as giv…
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Kasdorf v. Kasdorf, 931 So. 2d 257 (Fla. 4th DCA 2006)…STONE, J., dissenting. I dissent as to the provision awarding sole responsibility concerning medical/dental decision on the authority of McKeever v. McKeever, 792 So. 2d 1234 (Fla. 4th DCA 2001).…
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Cruz v. Domenech, 905 So. 2d 938 (Fla. 3d DCA 2005)…rt abused its discretion by ordering a father to obtain alcohol abuse counseling when the order exceeded the scope of relief sought by the pleadings, and the father lacked notice that such relief would be contemplated. See also McKeever v. McKeever, 792 So. 2d 1234 (Fla. 4th DCA 2001) (concluding that it was error for the trial court to grant sole parental responsibility for the education of the parties’ child to the father in the absence of prior notice to the mother that such relief would be at issue). In C…
Authorities Cited
- McDONALD v. McDONALD, 732 So. 2d 505 (Fla. 4th DCA 1999)