Barsis v. Barsis, 42 Fla. L. Weekly D315b
Feb 03, 2017OUTCOME: Appeal Granted, Order Reversed
Former Wife argued that the trial court’s order violated her due process rights by significantly modifying her timesharing with her children when the only matter scheduled to be addressed at the hearin ... g was the location for the timesharing exchange. We agree. “It is well settled that an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated below denies fundamental due process.” Golden v. Bass, 194 So. 3d 1080, 1082 (Fla. 1st DCA 2016) (quoting Neumann v. Neumann, 857 So. 2d 372, 373 (Fla. 1st DCA 2003)). “A court violates due process when it ‘modifies visitation, changes primary residence, or alters child support when the notice of hearing does not include this issue.’” Id. (quoting Moody v. Moody, 721 So. 2d 731, 734 (Fla. 1st DCA 1998)). Furthermore, no emergency was alleged by Former Husband in his motion necessitating the action taken by the trial court.
