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Garcia v. Rivera

Third District Court of Appeal State of Florida
Jan 4, 2017
208 So. 3d 1183 (Fla. Dist. Ct. App. 2017)

Opinion

No. 3D16–2074

01-04-2017

Justo Manuel GARCIA, Appellant, v. Lirda L. RIVERA, Appellee.

Lucia C. Pineiro; Greene Smith, P.A., and Cynthia L. Greene, for appellant. Abramowitz and Associates, and Evan L. Abramowitz, for appellee.


Lucia C. Pineiro; Greene Smith, P.A., and Cynthia L. Greene, for appellant.

Abramowitz and Associates, and Evan L. Abramowitz, for appellee.

Before WELLS, LOGUE and SCALES, JJ.

PER CURIAM.

Appellant Justo Manuel Garcia appeals the trial court's "Order Granting Mother's Petition for Relocation with Minor Child," granting relocation pursuant to section 61.13001 of the Florida Statutes. We affirm because we conclude that the trial court did not abuse its discretion. Essex v. Davis , 116 So.3d 445, 447 (Fla. 4th DCA 2012).

Dr. Garcia raises the issue on appeal—and Appellee Lirda L. Rivera concedes—that the trial court should receive evidence of Garcia's financial ability to pay costs associated with both his son's school tuition and transportation to and from New York, as part of the broader issue of child support. The trial court did not order Dr. Garcia to pay such tuition or transportation costs, but merely discussed his capacity to do so. Accordingly, we remand this portion of the case to the trial court for additional financial findings.

Affirmed; remanded with instructions.


Summaries of

Garcia v. Rivera

Third District Court of Appeal State of Florida
Jan 4, 2017
208 So. 3d 1183 (Fla. Dist. Ct. App. 2017)
Case details for

Garcia v. Rivera

Case Details

Full title:Justo Manuel Garcia, Appellant, v. Lirda L. Rivera, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Jan 4, 2017

Citations

208 So. 3d 1183 (Fla. Dist. Ct. App. 2017)