ASUKA NOMURA v. HIDETO HATA

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 18, 2023. ________________

No. 3D22-1731 Lower Tribunal No. 16-4348 ________________

Asuka Nomura, Appellant,

vs.

Hideto Hata, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Spencer Multack, Judge.

Law Firm of Anya Cintron Stern, PA, and Anya Cintron Stern, for appellant.

Davis Smith & Jean, LLC, and Sonja A. Jean and Laura Davis Smith, BCS, for appellee.

Before LOGUE, SCALES, and HENDON, JJ.

PER CURIAM.

ON CONFESSION OF ERROR

Based upon Appellee’s commendable confession of error, we reverse

the order under review because the case management conference that led to the issuance of the order of reunification had not been noticed as an

evidentiary hearing and Appellant was given no notice or an opportunity to

present evidence. Mezei v. Tzynder, 307 So. 3d 83, 83-84 (Fla. 3d DCA

2020) (“Because the motion to modify timesharing was not properly noticed

for hearing, the mother was divested of her procedural due process rights.”).