Marisa Joy Savitsky v. Jason M. Leibowitz

• Court: District Court of Appeal of Florida
• Decided: September 26, 2024
• Docket: 3D2024-1616
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 26, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-1616 Lower Tribunal No. 19-1127-FC-04 ________________

Marisa Joy Savitsky, Petitioner,

vs.

Jason M. Leibowitz, Respondent.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Ivonne Cuesta, Judge.

Sandy T. Fox, P.A., and Sandy T. Fox and Sara E. Ross, for petitioner.

Law Offices of Diane M. Trainor, and Diane M. Trainor, for respondent.

Before LOGUE, C.J., and MILLER and GOODEN, JJ.

PER CURIAM. Because we find that the trial court did not depart from the essential

requirements of the law, we deny the petition. See Loudermilk v. Loudermilk,

693 So. 2d 666, 667–68 (Fla. 2d DCA 1997) (“Under extraordinary

circumstances, a trial court may enter an order granting a motion for

temporary custody of a child without affording notice to the opposing party.

However, such an order requires an emergency situation such as where a

child is threatened with harm, or where the opposing party plans to

improperly remove the child from the state. Even where a trial court properly

enters a nonfinal order modifying custody without notice to the opposing

party, an opportunity to be heard should be provided as soon thereafter as

possible.”) (internal citations omitted); Wilson v. Roseberry, 669 So. 2d 1152,

1154 (Fla. 5th DCA 1996) (“[W]here the trial court is authorized to enter an

emergency ex parte modification order, in our view the court should

thereafter afford the custodial parent prompt notice and opportunity to be

heard. Stated another way, the trial court should make every reasonable

effort to allow both parties to be heard prior to issuing an emergency

modification order. If this is not possible, however, an opportunity to be

heard should be provided as soon thereafter as possible.”).

Petition denied.