MARILIA R. HUNTER v. ANDREW ROBERTSON ( 2022 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed July 20, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-924
    Lower Tribunal No. 19-19033
    ________________
    Marilia R. Hunter,
    Appellant,
    vs.
    Andrew Robertson,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Samantha
    Ruiz Cohen, Judge.
    Orshan, Spann & Fernandez-Mesa and Steven P. Spann, for
    appellant.
    Davis Smith & Jean, LLC and Laura Davis Smith and Sonja A. Jean,
    for appellee.
    Before FERNANDEZ, C.J., and HENDON and LOBREE, JJ.
    PER CURIAM.
    Affirmed. See Cabrera v. Cabrera, 
    987 So. 2d 753
    , 754–55 (Fla. 3d
    DCA 2008) (rejecting husband’s argument that trial court’s adoption of wife’s
    proposed final judgment after failing to make oral findings or conclusions of
    law was improper delegation of its decision-making authority under Perlow
    v. Berg–Perlow, 
    875 So. 2d 383
     (Fla. 2004), because (1) final judgment was
    not verbatim adoption of proposed order; (2) husband had opportunity to
    submit proposed final judgment and object to wife’s proposed final judgment;
    and (3) trial court actively participated in hearing); see also Musgrave v.
    Musgrave, 
    290 So. 3d 536
    , 541 (Fla. 2d DCA 2019) (“[U]pon rehearing the
    Husband failed to raise an objection to the proposed final judgment based
    upon the ‘verbatim’ theory, and he cannot now complain error for the first
    time in this appeal.”).
    2
    

Document Info

Docket Number: 21-0924

Filed Date: 7/20/2022

Precedential Status: Precedential

Modified Date: 7/20/2022