Logreira v. Logreira
After a nine-day trial, the trial court signed a supplemental post-decretal order that the former husband unilaterally submitted, without notice, hearing, or an opportunity for the former wife to respond. The order granted the husband sole decision-making authority, allowed concealment of the children's location, barred the wife from contact indefinitely, and enlisted law enforcement — relief nobody had requested in the pleadings. The Third DCA reversed, holding the order violated due process and improperly granted relief beyond the pleadings.
Key facts
- Former husband and wife litigated parental responsibility and time-sharing over a nine-day trial; trial court entered a final order establishing the parenting arrangement.
- After trial concluded, husband unilaterally submitted a supplemental post-decretal order without notice to wife, hearing, or opportunity for wife to respond.
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Why it matters
A useful citation for attacking proposed orders that counsel submits ex parte after a ruling, particularly where the submitted order expands relief beyond what was tried or pleaded. It reinforces the 'relief not… — full analysis with a trial
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