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Bailey v. Bailey

District Court of Appeal of Florida, First District.
Oct 16, 2017
227 So. 3d 768 (Fla. Dist. Ct. App. 2017)

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.


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."
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AFFIRMED in part; REVERSED in part.

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


Summaries of

Bailey v. Bailey

District Court of Appeal of Florida, First District.
Oct 16, 2017
227 So. 3d 768 (Fla. Dist. Ct. App. 2017)
Case details for

Bailey v. Bailey

Case Details

Full title:Desiree Nicole BAILEY, the former wife, Appellant, v. Michael Andrew…

Court:District Court of Appeal of Florida, First District.

Date published: Oct 16, 2017

Citations

227 So. 3d 768 (Fla. Dist. Ct. App. 2017)

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