M.J.F., PETITIONER,
v.
J.V.R. AND GUARDIAN AD LITEM PROGRAM, RESPONDENTS

Fla. 1st DCA | 2013-10-24
No. 1D13-5110
THOMAS, ROBERTS, and CLARK, JJ., concur.
123 So. 3d 1189 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The emergency petition for writ of prohibition is denied on the merits.

THOMAS, ROBERTS, and CLARK, JJ., concur.


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  • Paola Perez v. Derik FAY, 160 So. 3d 459 (Fla. 2d DCA 2015)
    …(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 DCA 2003). In his Amended Supplemental Complaint for Modification, the…
  • Regalado Lopez v. Regalado, 257 So. 3d 550 (Fla. 3d DCA 2018)
  • Daniels v. Sorriso Dental Studio, LLC, 164 So. 3d 778 (Fla. 2d DCA 2015)
    …only was dismissal an improper response to the denial of a motion for judgment on the pleadings, but it also granted relief not requested by either of the parties, thereby violating Daniels’ due process rights. See, e.g., Worthington v. Worthington, 123 So. 3d 1189, 1190-91 (Fla. 2d DCA 2013) (noting that courts are not authorized to award relief not requested by the pleadings and motions of the parties); Otero v. Gomez, 143 So. 3d 1089, 1092 (Fla. 3d DCA 2014); cf. Land Dev. Servs., Inc. v. Gulf View Townhome…

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