PAMELA LEVY
v.
SHAUN DONNENFELD
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Pamela Levy appealed a final judgment of dissolution that awarded Shaun Donnenfeld disproportionate time-sharing and sole decision-making authority over the medical needs of the parties' two minor children. The Third District Court of Appeal affirmed the trial court's judgment, finding no error in the credibility determinations, the time-sharing arrangement, or the medical decision-making authority.
The appellate court affirmed the trial court's judgment. The court held that because trial court credibility determinations are not disturbed on appeal, the medical decision-making issue was tried by consent, and the decision was supported by competent substantial evidence, no error occurred.
[1] Issues not raised by pleadings may be tried by express or implied consent and treated by the trial court as if properly pled.
[2] A trial court's time-sharing plan must be affirmed on appeal if competent substantial evidence supports the decision and reasonable people could differ as to the trial co…
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Join FLexlaw to unlock all legal intelligence“[A] trial court's factual determinations, including credibility determinations, are ordinarily not disturbed on appeal.”
Citing Williams v. Nuno, 239 So. 3d 153, 155 (Fla. 3d DCA 2018)
Pamela Levy and Shaun Donnenfeld were parties to a dissolution of marriage involving two minor children. The trial court awarded Donnenfeld disproport…
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Opinion filed April 20, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0973 Lower Tribunal No. 19-27344 ________________
Pamela Levy,
Appellant,
vs.
Shaun Donnenfeld,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge. Twig, Trade, & Tribunal, PLLC, and Morgan L. Weinstein (Fort Lauderdale), for appellant. Kaplan Loebl LLC, and Amanda B. Haberman, and Liliana Loebl, for appellee. Before SCALES, MILLER, and LOBREE, JJ. PER CURIAM.
Appellant, Pamela Levy, the mother, challenges a final judgment of dissolution awarding appellee, Shaun Donnenfeld, the father, disproportionate time-sharing and sole decision-making authority as to the medical needs of the two minor children of the marriage. Because the trial court alone has the authority to render credibility determinations, the record supports the proposition the issue of medical decision-making authority was tried by consent, and the decision below is supported by competent, substantial evidence, we find no error in either determination. See Williams
v. Nuno, 239 So. 3d 153, 155 (Fla. 3d DCA 2018) (“[A] trial court’s factual
determinations, including credibility determinations, are ordinarily not disturbed on appeal.”); Smith v. Smith, 971 So. 2d 191, 194–95 (Fla. 1st DCA 2007) (“[A]lthough Former Husband did not initially seek shared parental responsibility, we note that issues not raised by the pleadings nevertheless can be tried by express or implied consent and, in such instances, may be treated by the trial court as if they had been properly pled.”); Schwieterman v. Schwieterman, 114 So. 3d 984, 987 (Fla. 5th DCA 2012) (“A trial court’s time-sharing plan must be affirmed if there is competent substantial evidence to support that decision and reasonable people could differ with respect to the trial court’s decision.”). Further finding the mother has a myriad of alternative avenues to enforce the monetary provisions of the final judgment, we affirm the remaining issues on appeal.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lissette C. Schwieterman v. Schwieterman, 114 So. 3d 984 (Fla. 5th DCA 2012)
- Smith v. Smith, 971 So. 2d 191 (Fla. 1st DCA 2007)
- Williams v. Nuno, 239 So. 3d 153 (Fla. 3d DCA 2018)