Jose Sala v. Penelope Wood

• Court: District Court of Appeal of Florida
• Decided: February 26, 2025
• Docket: 3D2024-1851
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 26, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1851 Lower Tribunal No. 24-11406-FC-04 ________________

Jose Sala, Appellant,

vs.

Penelope Wood, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Victoria Del Pino, Judge.

Law Offices of Andre A. Rouviere, and Andre A. Rouviere, for appellant.

Lisa A. Baird, P.A., and Lisa A. Baird, for appellee.

Before MILLER, BOKOR and GOODEN, JJ.

PER CURIAM. After a temporary judge suspended the Mother’s timesharing on an

emergency basis, 1 the assigned trial judge conducted a full evidentiary

hearing. It gave both parties adequate notice of the hearing and an

opportunity to be heard. Roberts v. Diaz, 343 So. 3d 156, 158 (Fla. 3d DCA

2022). It properly considered all evidence before it. See § 90.803(6), Fla.

Stat. (2024); § 90.902(11), Fla. Stat. (2024). After carefully considering this

evidence, the trial court restored timesharing between the parties. The order

is supported by competent, substantial evidence. See Meyers v. Meyers,

295 So. 3d 1207, 1211 (Fla. 2d DCA 2020) (“Modification of timesharing by

a trial court should be affirmed if the trial court’s order is supported by

competent substantial evidence.”). Therefore, we affirm in all respects.

Affirmed.

1 The Mother’s attorney was not available for this emergency hearing and was not allowed to appear by phone by the temporary judge.