Third District Court of Appeal
State of Florida
Opinion filed September 18, 2015.
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No. 3D15-1854
Lower Tribunal No. 11-28790
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Candice Wolfson,
Petitioner,
vs.
Howard Wolfson,
Respondent.
A Petition for Writ of Certiorari to the Circuit Court for Miami-Dade
County, Stanford Blake, Judge.
Sandy T. Fox (Aventura), for petitioner.
Sidweber & Weintraub and Karen B. Weintraub and Robert W. Sidweber
(Fort Lauderdale), for respondent.
Before WELLS, SHEPHERD and LOGUE, JJ.
ON MOTION FOR REHEARING AND CLARIFICATION
SHEPHERD, J.
Howard Wolfson’s motion for rehearing of this Court’s opinion issued
September 9, 2015, is denied. His motion for clarification is granted.
In our opinion, we determined “the trial court departed from the essential
requirements of law by temporarily modifying the child’s parenting plan without
a full hearing in which the mother was permitted to present her case,” and
“quash[ed] the order under review.” (Emphasis added.) The order under review
was the July 27, 2015, order which temporarily modified the parties’ previously
mediated and court-ratified parenting plan providing for equal timesharing. We
therefore “remand[ed] the case to the trial court to promptly reconsider the issue of
the mother’s supervised visitation.” In so doing, we ordered the trial court to
provide Mrs. Wolfson, without delay, an opportunity to be heard on Mr. Wolfson’s
emergency request for temporary relief until such time as the trial court could
schedule a full evidentiary hearing on the parties’ cross petitions for permanent
modification of the parenting plan.
Because we recognize that the parties’ child has been living with his father
since December 2014, and we are reluctant to further disrupt these arrangements,
we uphold the trial court’s decision to maintain the status quo. However,
supervised visitation should only continue until such time as, after hearing from
Mrs. Wolfson, the trial court decides Mr. Wolfson’s emergency motion for
temporary relief.
So ordered. This opinion shall take effect immediately.
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