Florida District Courts of Appeal, 2011

Sotero v. Sullivan

Sotero v. Sullivan
Florida District Courts of Appeal · Decided April 27, 2011 · Emas, Salter, Wells
60 So. 3d 512; 2011 Fla. App. LEXIS 5953; 2011 WL 1562896 (Southern Reporter, Third Series)

Sotero v. Sullivan

Opinion of the Court

EMAS, J.

Appellant Marylynn Sotero appeals from a January 4, 2011, non-final order appointing a co-parenting therapist. Appellant contends that the order improperly, and without Appellant’s consent:

1. Delegates to the therapist the authority to make binding decisions regarding the minor child;
2. Delegates to the therapist the authority to impose monetary sanctions upon the parents;
3. Waives the confidentiality of Appellant’s communications with the co-parenting therapist; and
4. Waives Appellant’s psychotherapist-patient privilege as to communications with her own individual therapist.

Upon Appellee’s “Notice of Intent Not to File Answer Brief and Consent to Order Being Vacated” (which we treat as a confession of error), we vacate the order and remand this cause to the trial court for *513further proceedings, including the entry of an order consistent with sections 61.125 and 90.503, Florida Statutes (2010), and Florida Family Law Rules of Procedure 12.742 and 12.998.

Reversed and remanded.

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