DEBRA R. DUCHARME, APPELLANT,
v.
BRYAN W. DUCHARME, APPELLEE

Fla. 2d DCA | 2005-06-22
No. 2D03-5651
FULMER and WALLACE, JJ., Concur.
903 So. 2d 390 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 12 cases


Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Debra R. Ducharme, the Former Wife, seeks review of the second amended final judgment of dissolution of marriage. We find merit in the Former Wife’s contention that the trial court abused its discretion in requiring a written order or consent of the parties prior to the removal of the minor child from the state for greater than ten days. The Former Wife currently resides in New York, and this requirement will interfere with the visitation schedule ordered by the court in which each parent is allotted two continuous two-week periods with the child during the summer. Accordingly, we reverse for the court to strike that requirement from the second amended final judgment. We affirm the remainder of the judgment without discussion.

Affirmed in part; reversed in part; and remanded.

FULMER and WALLACE, JJ., Concur.


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Citator

Cited By

  • O.B. v. State, 36 So. 3d 784 (Fla. 3d DCA 2010)
    …1140, 1142 (Fla. 5th DCA 2001) (internal citations omitted). First, “the [S]tate must establish that the officer was engaged in the lawful scope of his or her duties.” M.M.H. v. State, 929 So. 2d 628, 629 (Fla. 3d DCA 2006) (citing B.D.H. v. State, 903 So. 2d 390 (Fla. 3d DCA 2005)). “The element of lawful execution of a legal duty is satisfied if an officer has either a founded suspicion to stop the person or probable cause to make a warrantless arrest.” E.A.B. v. State, 851 So. 2d 308, 311 (Fla. 2d DCA 200…
  • M.M.H. v. State, 929 So. 2d 628 (Fla. 3d DCA 2006)
    …residential program, with conditional release. These appeals followed. To prove the crime of resisting an officer without violence, the state must establish that the officer was engaged in the lawful scope of his or her duties. See B.D.H. v. State, 903 So. 2d 390 (Fla. 3d DCA 2005). To meet this burden, the state claims that Officer Theodoro was acting within the lawful scope of his duty and that the adjudication of delinquency should be affirmed. We disagree. In this case, Officer Theodoro was responding t…
  • Silvio Valdes v. State, 959 So. 2d 300 (Fla. 3d DCA 2007)
    …ffense of resisting without violence, the state must prove 1) that the officer was engaged in the lawful execution of a legal duty, and 2) that the defendant’s action constituted obstruction of or resistance to that lawful duty. See B.D.H. v. State, 903 So. 2d 390 (Fla. 3d DCA 2005). Absent consent, a police officer may temporarily detain a person if the officer has a reasonable, well-founded, articulable suspicion that the person has committed, or is about to commit a crime. See State v. Taylor, 826 So. 2d 3…

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