JOSEPH P. KEARNEY, APPELLANT,
v.
ELIZABETH A. MOORE, APPELLEE
Explore caselaw by topic → Browse Visitation Schedule cases and more on FLexlaw
STRINGER, Judge.
Joseph P. Kearney seeks review of the final judgment which determined issues regarding the paternity of the parties’ child. We affirm the final judgment in all respects save one. This case involved a heated dispute over the custody of the parties’ child, and the parties paid little attention to the issue of visitation at trial. The final judgment awarded Elizabeth A. Moore primary residential custody of the child and awarded Kearney visitation on alternating weekends. On rehearing, Kearney requested more specific visitation, but the trial court summarily denied Kear-ney’s motion on the basis that the grounds stated by Kearney were “legally insufficient to support a rehearing.” To the extent that this statement suggests that the court was without jurisdiction to revisit the visitation schedule, we disagree. Accordingly, we reverse the award of visitation and remand for rehearing.
Affirmed in part, reversed in part, and remanded.
ALTENBERND, C.J., and DAVIS, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Esposito v. McDONOUGH, 971 So. 2d 203 (Fla. 1st DCA 2007)…his requests for copies of those inventories were ignored, resulting in violations of the Department’s own rules and his right to due process under Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). We agree. See Gill v. Crosby, 884 So. 2d 442 (Fla. 1st DCA 2004); Plymel v. Moore, 770 So. 2d 242 (Fla. 1st DCA 2000); Dep’t of Corr. v. Marshall, 618 So. 2d 777 (Fla. 1st DCA 1993). The right to present documentary evidence was expressly identified in Wolff as one of the rights of an inmate i…
-
Fla. Dep't of Corr. v. Paulcin (Fla. 1st DCA 2025)…an appellate remedy to review quasi-judicial action of a lower tribunal, namely administrative prison disciplinary action, the circuit court reviews the agency action ‘like a plenary appeal on the merits.’” (Citation omitted)); Gill v. Crosby, 884 So. 2d 442, 442 (Fla. 1st DCA 2004) (granting the certiorari petition, remanding with directions that the trial court grant the mandamus petition in which the inmate asserted that a due process violation occurred during his prison disciplinary proceeding,…