NATASHA DUCALI
v.
HUMBERTO DUCALI

Fla. 1st DCA | 2019-07-09
No. 17-1002
274 So. 3d 558 Florida District Court of Appeal, First District (2019)

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Holding

A trial court abuses its discretion by granting unpled relief regarding a change in parental responsibility.


Headnotes

[1] A trial court abuses its discretion by awarding a change in parental responsibility when the requesting party did not plead for such relief and the issue was not tried by…

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Key Quotes

“to grant unrequested relief is an abuse of discretion and reversible error”

Court citation to Abbott v. Abbott, 98 So. 3d 616, 617-18 (Fla. 2d DCA 2012)

Facts & Procedural History

In a divorce case, the trial court awarded the former husband sole parental responsibility over educational and health care decisions for two children…

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Opinion of the Court

to grant unrequested relief is an abuse of discretion and reversible error). We reverse the portion of the order awarding the former husband unpled relief. We affirm in all other respects.

AFFIRMED in part, REVERSED in part, and REMANDED. B.L. THOMAS, ROBERTS, and OSTERHAUS, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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