Bluestein v. Bluestein

District Court of Appeal of Florida

Bluestein v. Bluestein

958 So. 2d 1040, 2007 Fla. App. LEXIS 8722, 2007 WL 1593247

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 2007

DocketNo. 1D06-6398

StatusPublished

This text of 958 So. 2d 1040 (Bluestein v. Bluestein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bluestein v. Bluestein, 958 So. 2d 1040, 2007 Fla. App. LEXIS 8722, 2007 WL 1593247 (Fla. Ct. App. 2007).

Pincite

Opinion

PER CURIAM.

Keith Bluestein appeals an order denying motions for termination of alimony and for relief from a consent order, wherein the circuit court sua sponte modified the visitation arrangement. We reverse.

Contrary to the lower court’s findings, neither party had raised an issue of visitation, nor had the parties argued it by consent at the hearing. See Walls v. Sebastian, 914 So.2d 1110 (Fla. 4th DCA 2005). Because all parties were by then residing in Virginia, it is questionable whether the circuit court would have had jurisdiction to reach the issue, had it been raised. See § 61.515, Fla. Stat. (2005). We direct the court to strike that portion of the order dealing with visitation.

REVERSED and REMANDED.

BENTON, PADOVANO, and THOMAS, JJ., concur.

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