Florida District Courts of Appeal, 2017

Bailey v. Bailey

Bailey v. Bailey
Florida District Courts of Appeal · Decided October 16, 2017 · Roberts, Rowe, Wetherell
227 So. 3d 768; 2017 WL 4583015 (Southern Reporter, Third Series)

Bailey v. Bailey

Opinion of the Court

PER CURIAM.

In this post-dissolution appeal, we agree with the former wife that the trial court erred in requiring the parties to equally split the responsibility of transportation for timesharing because that issue was not pled or tried by consent. Accordingly, we reverse that portion of the challenged order. In all other respects, we affirm the order.1

AFFIRMED in part; REVERSED in part.

ROBERTS, WETHERELL, and ROWE, JJ., CONCUR.

. Unlike the former wife, we do not read the order to modify the limitation on overnights embodied in the consent final judgment. Instead, as the former husband conceded in his brief, "he is still limited to 130 overnights."

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