Canino v. Canino

District Court of Appeal of Florida

Canino v. Canino

125 So. 3d 990, 2013 WL 3197133, 2013 Fla. App. LEXIS 10072

CourtDistrict Court of Appeal of Florida

DecidedJune 26, 2013

DocketNo. 4D12-3500

StatusPublished

This text of 125 So. 3d 990 (Canino v. Canino) 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

Canino v. Canino, 125 So. 3d 990, 2013 WL 3197133, 2013 Fla. App. LEXIS 10072 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

The parties were divorced in 2007. The mother relocated out of state and in 2009 the circuit court entered an agreed order on modification that changed the parties’ time sharing schedule to accommodate the move. The mother moved back to Florida in 2011. The father filed a motion for contempt against the mother, which the circuit court denied.

The father contends that section 61.13002, Florida Statutes (2012), applied to reinstate the time sharing arrangement in the original final judgment. The plain language of the statute indicates that it applies to situations arising “due to military service,” where a parent is “activated, deployed, or temporarily assigned to military service.” § 61.13002(1) & (2), Fla. Stat. (2012). Neither party was in the military during the relevant period of time. [991]*991Therefore, the statute does not apply to this case.

Affirmed.

GROSS, DAMOORGIAN and FORST, JJ., concur.

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PER CURIAM.

The parties were divorced in 2007. The mother relocated out of state and in 2009 the circuit court entered an agreed order on modification that changed the parties’ time sharing schedule to accommodate the move. The mother moved back to Florida in 2011. The father filed a motion for contempt against the mother, which the circuit court denied.

The father contends that section 61.13002, Florida Statutes (2012), applied to reinstate the time sharing arrangement in the original final judgment. The plain language of the statute indicates that it applies to situations arising “due to military service,” where a parent is “activated, deployed, or temporarily assigned to military service.” § 61.13002(1) & (2), Fla. Stat. (2012). Neither party was in the military during the relevant period of time. [991]*991Therefore, the statute does not apply to this case.

Affirmed.

GROSS, DAMOORGIAN and FORST, JJ., concur.

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Bluebook (online)

125 So. 3d 990, 2013 WL 3197133, 2013 Fla. App. LEXIS 10072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canino-v-canino-fladistctapp-2013.