Mariah Cheek, Former Wife v. Brian R. Hesik, Former Husband ( 2015 )

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
MARIAH CHEEK, Former Wife,
NOT FINAL UNTIL TIME EXPIRES TO
Appellant, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D14-2892
BRIAN R. HESIK, Former
Husband,
Appellee.
_____________________________/
Opinion filed March 9, 2015.
An appeal from the Circuit Court for Duval County.
A. C. Soud, Jr., Judge.
William S. Graessle and Jonathan W. Graessle of William S. Graessle, P.A.,
Jacksonville, for Appellant.
Brian R. Hesik, pro se, Appellee.
PER CURIAM.
Mariah Cheek, the former wife, appeals the Final Judgment on Former
Wife’s Amended Supplemental Petition to Modify Judgment and Order on
Pending Matters, filed June 4, 2014. We reverse the order on appeal to the extent
that it temporarily suspends the former husband’s one-half obligation toward travel
costs and orders that all timesharing less than four days in duration occur in the
vicinity of the former husband’s residence, and we remand with instructions to
vacate those portions of the order. See Hunter v. Booker, 133 So. 3d 623, 628
(Fla. 1st DCA 2014) (“An order adjudicating an issue not presented by the parties
or the pleadings denies due process, and therefore, departs from the essential
requirements of law.”); Chaphe v. Chaphe, 19 So. 3d 1019, 1024 (Fla. 1st DCA
2009) (“[A] modification of a judgment constitutes a jurisdictional defect where
there has been no pleading requesting modification.”); Swanson v. Swanson, 888
So. 2d 117, 118-19 (Fla. 4th DCA 2004) (“[T]he court reached an issue that was
neither raised by the pleadings nor set for hearing. In doing so, the former wife’s
due process rights were violated.”). In all other respects, the final judgment is
affirmed.
Affirmed in part, reversed in part, and remanded with instructions.
BENTON, WETHERELL, and SWANSON, JJ., CONCUR.
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