CANDICE WOLFSON, PETITIONER,
v.
HOWARD WOLFSON, RESPONDENT
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The court grants clarification, upholding the trial court's decision to maintain the status quo regarding the child's residence but requiring a hearing on supervised visitation.
The original opinion quashed an order temporarily modifying a parenting plan without a full hearing. The child has been living with the father since D…
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ON MOTION FOR REHEARING AND CLARIFICATION
Howard Wolfson’s motion for rehearing of this Court’s opinion issued.September 9, 2015, is denied. His motion for clarification is granted.
In our opinion, we determined “the trial court departed from the essential requirements of law by temporarily modifying the child’s parenting plan without a full hearing in which the mother was permitted to present her case,” and “quash[ed] the order under review.” (Emphasis added.) The order under review was the July 27, 2015, order which temporarily modified the parties’ previously mediated and court-ratified parenting plan providing for equal timesharing. We therefore “remand[ed] the case to the trial court to promptly reconsider the issue of the mother’s supervised visitation.” In so doing, we ordered the trial court to provide Mrs. Wolfson, without delay, an opportunity to be heard on Mr. Wolfson’s emergency request for temporary relief until such time as the trial court could schedule a full evidentiary hearing on the parties’ cross petitions for permanent modification of the parenting plan.
Because we recognize that the parties’ child has been living with his father since *1147December 2014, and we are reluctant to further disrupt these arrangements, we uphold the trial court’s decision to maintain the status quo. However, supervised visitation should only continue until such time as, after hearing from Mrs. Wolfson, the trial court decides Mr. Wolfson’s emergency motion for temporary relief.
So ordered. This opinion shall take ef-feet immediately,
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Munoz v. Munoz Salgado, 253 So. 3d 87 (Fla. 3d DCA 2018)…cause the trial court modified timesharing without giving the father a meaningful opportunity to be heard, the trial court violated the father’s right to due process of law. Wolfson v. Wolfson, 173 So. 3d 1136, 1138 (Fla. 3d DCA 2015), clarified, 173 So. 3d 1146 (Fla. 3d DCA 2015) (granting a petition for writ of certiorari where the trial court entered an order modifying a parenting plan without holding a full hearing where both parties are given an opportunity to present evidence and testify); Cole v.…
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Roberts v. Anyzeila Diaz, 343 So. 3d 156 (Fla. 3d DCA 2022)…sband’s motion to modify the parties’ timesharing schedule. Generally, both parties must be given notice and an opportunity to be heard prior to any modification. Wolfson v. Wolfson, 173 So. 3d 1136, 1138 (Fla. 3d DCA 2015), opinion clarified, 173 So. 3d 1146 (Fla. 3d DCA 2015). Here, the Former Husband filed a motion to modify the timesharing schedule and included a proposed schedule. The Former Wife responded with her own proposed timesharing schedule. The trial court then conducted hearings on t…
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Wolfson v. Wolfson, 185 So. 3d 1273 (Fla. 3d DCA 2016)…nterests. This opinion should not be read [*1275] to express any opinion of this Court on the resolution of the matters before it. Motion denied.- . . The litigation in this case is fueled, it seems, by limitless resources. See Wolfson v. Wolfson, 173 So. 3d 1146 (Fla. 3d DCA 2015); Wolfson v. Wolfson, 173 So. 3d 1136 (Fla. 3d DCA 2015); Wolfson v. Wolfson, 2015 WL 6473140, No. 3D15-1808 (Fla. 3d DCA Aug. 31, 2015); Wolfson v. Wolfson, 159 So. 3d 394 (Fla. 3d DCA 2015); Wolfson v. Wolfson, 2015 WL 745770, No…
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