TIMOTHY D. CLARK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Albert v. Rogers, 57 So. 3d 233 (Fla. 4th DCA 2011)
  …s a violation of a parent’s due process rights for a court to modify visitation in a final judgment unless the issue of modification is properly presented to it by written pleadings, noticed to the parties, or litigated below.” Foerster v. Foerster, 885 So. 2d 927, 929 (Fla. 2d DCA 2004). In Neumann, for example, the former husband filed a motion for contempt and enforcement. However, neither the pleadings nor the notice of hearing requested that the former husband’s visitation schedule be modified. Nonethel…
• Rossmery Illanes v. Gutierrez, 972 So. 2d 222 (Fla. 3d DCA 2007)
  …s a violation of a parent’s due process rights for a court to modify visitation in a final judgment unless the issue of modification is properly presented to it by written pleadings, noticed to the parties, or litigated below.” Foerster v. Foerster, 885 So. 2d 927, 929 (Fla. 2d DCA 2004); Aiello v. Aiello, 869 So. 2d 22, 23 (Fla. 2d DCA 2004); Lentz v. Lentz, 414 So. 2d 292, 293 (Fla. 2d DCA 1982). There is no evidence in the record that the topic of visitation modification was properly presented for consider…
• Norberg v. Norberg, 79 So. 3d 887 (Fla. 4th DCA 2012)
  …s a violation of a parent’s due process rights for a court to modify visitation in a final judgment unless the issue of modification is properly presented to it by written pleadings, noticed to the parties, or litigated below.” Foerster v. Foerster, 885 So. 2d 927, 929 (Fla. 2d DCA 2004). Albert v. Rogers, 57 So. 3d 233, 236-37 (Fla. 4th DCA 2011). Having modified visitation without any pleading requesting the same, the court violated the wife’s due process rights. That portion of the order is therefore reve…