Opinion
CASE NO. 1D17-453
10-16-2017
DESIREE NICOLE BAILEY, THE FORMER WIFE, Appellant, v. MICHAEL ANDREW BAILEY, THE FORMER HUSBAND, Appellee.
William S. Graessle and Jonathan W. Graessle of William S. Graessle, P.A., Jacksonville, for Appellant. Lisa A. March of the Law Office of Lisa A. March, P.A., Jacksonville Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Duval County.
Elizabeth A. Senterfitt, Judge. William S. Graessle and Jonathan W. Graessle of William S. Graessle, P.A., Jacksonville, for Appellant. Lisa A. March of the Law Office of Lisa A. March, P.A., Jacksonville Beach, for Appellee. 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.
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." --------
AFFIRMED in part; REVERSED in part. ROBERTS, WETHERELL, and ROWE, JJ., CONCUR.