GERMANIA PAOLA NARANJO SAENZ
v.
JOSE ANTONIO DIAZ
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.
A trial court's modification of a timesharing schedule is affirmed where the appellant fails to provide a transcript of the evidentiary hearing and does not meaningfully challenge the magistrate's recommended order, as the trial court's decision is entitled to a presumption of correctness and the appellant bears the burden of demonstrating error.
[1] A trial court's order modifying parental responsibility and timesharing is reviewed for abuse of discretion and is entitled to a presumption of correctness.
[2] An appellant challenging a timesharing modification bears the burden of demonstrating error, and without a transcript of the evidentiary hearing, an appellate court canno…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A trial court's order on timesharing is typically reviewed for an abuse of discretion.”
Establishes the standard of review applicable to timesharing modifications.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFather and Mother divorced in November 2016 with a settlement agreement providing for shared parental responsibility and equal timesharing of their mi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Burden Of Proof cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed June 25, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1744 Lower Tribunal No. 16-7158-FC-04 ________________
Germania Paola Naranjo Saenz, Appellant,
vs.
Jose Antonio Diaz, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marlene Fernandez-Karavetsos, Judge.
Germania Paola Naranjo Saenz, in proper person.
The Quattro Firm and Nicole M. Quattrocchi (West Palm Beach), for appellee.
Before EMAS, LINDSEY and GORDO, JJ.
GORDO, J.
2 Germania Paola Naranjo Saenz (“Mother”) appeals a final judgment modifying parental responsibility and timesharing in favor of Jose Antonio Diaz (“Father”). We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). We affirm.
I.
In November 2016, the Father and Mother divorced and entered into a settlement agreement providing for shared parental responsibility and equal timesharing of their one minor child. In its final judgment of dissolution, the trial court ratified the settlement agreement and ordered compliance with all of its provisions. The court did not set forth a specific timesharing schedule and reserved jurisdiction over matters concerning the child’s best interests. The parties continued to reside together with the child. In May 2023, the Father filed a petition to modify shared parental responsibility, alleging a substantial change in circumstances. He requested the court issue a specific timesharing schedule, asserting he had moved out, the Mother had refused to allow equal timesharing and was excluding him from major decisions concerning the child. He further asserted the child was undergoing treatment for a learning disability and required a stable timesharing arrangement to prevent further disruption.
3 The trial court referred the matter to a general magistrate for an evidentiary hearing. After hearing, the general magistrate entered a recommended order with a specific timesharing schedule for both the Mother and Father. The Mother filed objections to the magistrate’s recommended order. The trial court entered a final judgment ratifying and approving the recommended order. This appeal followed.
II.
“A trial court’s order on timesharing is typically reviewed for an abuse of discretion.” Perez v. Maldonato, 324 So. 3d 1011, 1013 (Fla. 3d DCA 2021).
III.
On appeal, the Mother filed a brief titled “story of my life” but did not challenge the magistrate’s recommended order or the trial court’s ratification and approval thereof. Following the evidentiary hearing, the general magistrate entered a recommended order finding a substantial change in circumstances had occurred and shared parental responsibility with equal timesharing remained in the child’s best interests. This hearing was electronically recorded and no transcript was prepared. The Mother did not provide the recording in the appellate record. Without a record of the hearing and finding no legal error
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Somma v. Metra Elecs. Corp., 727 So. 2d 302 (Fla. 5th DCA 1999)
- Pedersen v. Pedersen, 752 So. 2d 89 (Fla. 1st DCA 2000)
- Nitza Soledad Perez v. Maldonato, 324 So. 3d 1011 (Fla. 3d DCA 2021)
- Morey v. State, 272 So. 3d 464 (Fla. 3d DCA 2019)