Third District Court of Appeal
State of Florida
Opinion filed January 18, 2023.
________________
No. 3D22-1731
Lower Tribunal No. 16-4348
________________
Asuka Nomura,
Appellant,
vs.
Hideto Hata,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Spencer Multack, Judge.
Law Firm of Anya Cintron Stern, PA, and Anya Cintron Stern, for
appellant.
Davis Smith & Jean, LLC, and Sonja A. Jean and Laura Davis Smith,
BCS, for appellee.
Before LOGUE, SCALES, and HENDON, JJ.
PER CURIAM.
ON CONFESSION OF ERROR
Based upon Appellee’s commendable confession of error, we reverse
the order under review because the case management conference that led
to the issuance of the order of reunification had not been noticed as an
evidentiary hearing and Appellant was given no notice or an opportunity to
present evidence. Mezei v. Tzynder,
307 So. 3d 83, 83-84 (Fla. 3d DCA
2020) (“Because the motion to modify timesharing was not properly noticed
for hearing, the mother was divested of her procedural due process rights.”).
2
