ELLEN SORDO, APPELLANT,
v.
GERARD JOSEPH CAMBLIN, APPELLEE

Fla. 3d DCA | 2014-01-22
No. 3D13-353
Before ROTHENBERG, LAGOA and EMAS, JJ.
130 So. 3d 743 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 11 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ellen Sordo appealed a trial court's modification of the timesharing (custody) plan she shared with Gerard Joseph Camblin. The Florida appellate court affirmed the modification, holding that although the trial court failed to make required factual findings, the mother waived this argument by not raising it in her motion for rehearing, and the modification was supported by competent substantial evidence.


Holding

The trial court's modification of the timesharing plan was affirmed because the mother waived any argument about the lack of Wade findings by failing to raise it in her motion for rehearing, and the order was supported by competent substantial evidence showing both a substantial change in circumstances and that the modification was in the children's best interests.


Headnotes

[1] A party waives an argument regarding the trial court's failure to make specific factual findings in a timesharing modification order by failing to raise it in a motion fo…

[2] An appellate court reviews a trial court's modification of a timesharing plan for an abuse of discretion.

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Key Quotes

“We review a trial court's modification of timesharing for an abuse of discretion, and we must affirm if the trial court's order is supported by competent substantial evidence.”

Establishes the standard of review applicable to timesharing modifications

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Facts & Procedural History

Ellen Sordo and Gerard Joseph Camblin were engaged in a child custody dispute over five years following their October 2008 divorce. Both parties petit…

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Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

This appeal arises from the trial court’s modification of the parties’ timesharing plan. Because the trial court’s failure to make specific findings in the final order was not raised in the appellant’s motion for rehearing, and the trial court’s order is supported by competent substantial evidence, we affirm.

The parties, Ellen Sordo (“the mother”) and Gerard Joseph Camblin (“the father”) have been engaged in a highly contentious child custody dispute for over five years since their marriage was dissolved in October 2008. Both parties petitioned the trial court for modification of the timesharing plan because the original plan adopted in the parties’ marital settlement agreement created a rotating four-week schedule that proved to be unworkable, unstable, and contrary to the children’s best interests.

After a four day trial, in which the trial court heard substantial testimony from all interested parties, the trial court ordered modification that provided the parties with nearly equal timesharing and provided more stability for the children. The modification resulted in a three day per month increase, on average, for the father. The order did not specifically make findings of fact to address whether or not the modification was supported by a substantial change in circumstances or was in the best interest of the children, as is typically required under Wade v. Hirschman, 903 So.2d 928 (Fla.2005). The mother filed a motion for rehearing based on several alleged points of error, which the trial court denied. Notably missing from the mother’s motion for rehearing is any objection to the trial court’s failure to make the required findings under Wade.

We review a trial court’s modification of timesharing for an abuse of discretion, and we must affirm if the trial court’s order is supported by competent substantial evidence. McKinnon v. Staats, 899 So.2d 357, 359 (Fla. 1st DCA 2005). Although we agree the trial court should have made specific factual findings on the two required prongs under Wade, the mother has waived this argument by failing to bring it to the trial court’s attention in her motion for rehearing. Hentze v. Denys, 88 So.3d 307, 310-11 (Fla. 1st DCA 2012); Pensacola Beach Pier, Inc. v. King, 66 So.3d 321, 324 (Fla. 1st DCA 2011). We have also performed our independent review of the record and, despite the form of the judgment, it is clear the trial court considered the evidence presented, and the evidence was competent and substantial that there has been a substantial change in circumstances and that the modification is in the best interests of the parties’ three children.

*745As a final point, we caution the parents in this matter that a continuation of the conduct previously exhibited in this case, which includes the making of false allegations and the alienation of the .children against the other parent, may result in further modification of the timesharing order. If the parties truly care about the welfare and mental health of their children, and wish to enjoy the benefits of parenting their children, they must discontinue such destructive behavior.

Affirmed.


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Citator

Cited By

  • Ryan v. Ryan, 257 So. 3d 1168 (Fla. 3d DCA 2018)
    …be allowed to exercise unsupervised timesharing with the child so long as the Former Wife continues to wear the SCRAM bracelet. The trial court’s limitations on the Former Wife’s visitation are reviewed for an abuse of discretion. Sordo v. Camblin, 130 So. 3d 743, 744 (Fla. 3d DCA 2014). The court has discretion to restrict or deny visitation to protect the welfare of the child. Hunter v. Hunter, 540 So. 2d 235, 238 (Fla. 3d DCA 1989). In this case, there was little testimony regarding the best interests o…
  • Roberts v. Anyzeila Diaz, 343 So. 3d 156 (Fla. 3d DCA 2022)
    …dingly, the trial court ratified and approved the Former Wife’s proposed timesharing schedule. The Former Husband appealed. II. STANDARD OF REVIEW This Court reviews orders modifying timesharing for an abuse of discretion. Sordo v. Camblin, 130 So. 3d 743, 744 (Fla. 3d DCA 2014); Winters v. Brown, 51 So. 3d 656, 658 (Fla. 4th DCA 2011) (“An appellate court will not disturb the trial court’s custody decision unless there is no substantial, competent evidence to support the decision.”). “The decisi…
  • Eleidy Miedes v. Ideses, 346 So. 3d 686 (Fla. 3d DCA 2022)

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