ZACHARY RANKIN v. BLAINE LOUNSBURY ( 2023 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed March 15, 2023.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-2472
    Lower Tribunal No. 21-12-P
    ________________
    Zachary Rankin,
    Appellant,
    vs.
    Blaine Lounsbury,
    Appellee.
    An appeal from the Circuit Court for Monroe County, Sharon I.
    Hamilton, Judge.
    Orshan, Spann, & Fernandez-Mesa, and Steven P. Spann, for
    appellant.
    Nancy A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for
    appellee.
    Before SCALES, MILLER, and BOKOR, JJ.
    MILLER, J.
    Appellant, Zachary Rankin, the father, challenges a final judgment
    establishing paternity and a parenting plan. On appeal, the father contends
    the trial court violated his due process rights by awarding appellee, Blaine
    Lounsbury, the mother, sole decision-making authority as to the educational
    and non-emergency medical needs of the minor child in the event the parties
    are unable to agree. In her pleadings and other written submissions, the
    mother specifically requested an order “[e]stablishing a parenting plan that
    provides for shared responsibility of the minor child, if appropriate,” and
    detailed the historical refusal by the father to cooperate in joint decisions.
    Further, the issues precipitating this resistance were extensively litigated at
    trial.    As the decision below is undeniably supported by competent,
    substantial evidence, we affirm the well-reasoned order under review in all
    respects and write only to commend the trial judge for her judicious handling
    of this contentious and difficult case. See Cruz v. Domenech, 
    905 So. 2d 938
    , 940 (Fla. 3d DCA 2005); Moncher v. Maine, 
    892 So. 2d 1147
    , 1148–50
    (Fla. 5th DCA 2005); see also Regan v. Regan, 
    660 So. 2d 1166
    , 1167 (Fla.
    3d DCA 1995); Moses v. Moses, 
    347 So. 3d 385
    , 390 (Fla. 5th DCA 2021);
    Schneider v. Schneider, 
    864 So. 2d 1193
    , 1194–95 (Fla. 4th DCA 2004); §
    61.13(2)(c)2.(a), Fla. Stat. (2021) amended by ch. 2021-139, § 1, Laws of
    Fla.
    2
    Affirmed.
    3
    

Document Info

Docket Number: 21-2472

Filed Date: 3/15/2023

Precedential Status: Precedential

Modified Date: 3/15/2023