Chalmers v. Burrough

Third District Court of Appeal
State of Florida
Opinion filed January 7, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D13-3203
Lower Tribunal No. 10-19696
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Mario Chalmers,
Appellant,
vs.
Brittany Burrough,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Antonio E.
Marin, Judge.
Nancy A. Hass (Hallandale Beach), for appellant.
Simon, Schindler & Sandberg, LLP and Roger J. Schindler, for appellee.
Before SALTER, EMAS and LOGUE, JJ.
EMAS, J.
Appellant, Mario Chalmers appeals the trial court’s supplemental final
judgment which modified child support and parental responsibility as to the
parties’ minor child, Q.E.C.
We affirm the supplemental final judgment in all respects, with one
exception. We reverse and remand for the trial court to clarify whether the
supplemental final judgment maintained the parents’ shared parental responsibility
(with Appellee given ultimate decision-making on medical, health and educational
issues1, or whether the supplemental final judgment modified the final judgment by
awarding Appellee sole parental responsibility, requiring a determination that
maintaining shared parental responsibility would be detrimental to the child. See §
61.13(2)(c)2., Fla. Stat. (2012); Hunter v. Hunter, 540 So. 2d 235 (Fla. 3d DCA
1989).2
We therefore reverse in part the supplemental final judgment and remand for
further proceedings as may be necessary on this limited issue, and for entry of an
amended supplemental final judgment. In all other respects, the supplemental final
judgment is affirmed.
1See § 61.13(2)(c)2.a., Fla. Stat. (2012).
2 Appellee conceded at oral argument that there was not competent substantial
evidence to support a finding that shared parental responsibility would be
detrimental to the child.
2