KATHLEEN MARY OLIVER v. MARIANO JUAN OLIVER ( 2022 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed March 9, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-2129
    Lower Tribunal No. 18-22700
    ________________
    Kathleen Mary Oliver,
    Appellant,
    vs.
    Mariano Juan Oliver,
    Appellee.
    An Appeal from a non-final order from the Circuit Court for Miami-Dade
    County, Marcia Del Rey, Judge.
    Easley Appellate Practice PLLC, and Dorothy F. Easley; Raquel A.
    Rodriguez & Associates, and Raquel A. Rodriguez, for appellant.
    Alvarez, Feltman, Da Silva, & Costa, PL, and Susana Rodriguez and
    Paul B. Feltman, for appellee.
    Before EMAS, MILLER and BOKOR, JJ.
    PER CURIAM.
    Affirmed. See Sordo v. Camblin, 
    130 So. 3d 743
    , 744 (Fla. 3d DCA
    2014) (“We review a trial court's modification of timesharing for an abuse of
    discretion, and we must affirm if the trial court's order is supported by
    competent substantial evidence”); Lewis v. Juliano, 
    242 So. 3d 1146
    , 1148
    (Fla. 4th DCA 2018) (“A trial court’s ruling on a timesharing issue is reviewed
    for an abuse of discretion”). See also Empire World Towers, LLC v. CDR
    Creances, S.A.S., 
    89 So. 3d 1034
     (Fla. 3d DCA 2012) (holding trial court’s
    adoption of party’s proposed order “did not run afoul of” Perlow v. Berg-
    Perlow, 
    875 So. 2d 383
     (Fla. 2004), noting there were no inconsistencies
    between the adopted order and the trial court’s earlier oral pronouncement
    and the other party was provided a meaningful opportunity to offer comments
    or objections); Dickson v. Curtis, No. 3D21-1086, 
    2022 WL 385929
     at *3 (Fla.
    3d DCA Feb. 9, 2022) (holding trial court did not delegate its decision-making
    authority by adopting a party’s proposed order, and noting that Perlow “did
    not prohibit a trial judge from adopting verbatim the proposed order of one
    of the parties,” but did “caution that a party’s proposed order ‘cannot
    substitute for a thoughtful and independent analysis of the facts, issues, and
    law by the trial judge’”) (quoting Perlow, 
    875 So. 2d at 390
    ).
    2
    

Document Info

Docket Number: 21-2129

Filed Date: 3/9/2022

Precedential Status: Precedential

Modified Date: 3/9/2022