Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wohlberg v. Conner

Florida Court of Appeals, Fourth District

January 10, 2018

JULIE WOHLBERG, Appellant,
v.
MICHAEL CONNER, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; David E. French, Judge; L.T. Case No. 2014DR008086SBY.

          Harvey J. Sepler and Jeffrey DeSousa of Harvey J. Sepler, P.A., Hollywood, for appellant.

          Robin Bresky and Daniel S. Weinger of Law Offices of Robin Bresky, Boca Raton, for appellee.

          Gerber, C.J.

         The former wife appeals from the circuit court's order granting the former husband's motion to enforce the parties' marital settlement agreement ("MSA"). The court found that a provision in the MSA unambiguously required the parties' initial 70/30 timesharing schedule in the former wife's favor be modified to equal timesharing, because the former husband continuously and timely exercised his timesharing for six consecutive months before he filed his motion. According to the former wife, the MSA was ambiguous as to whether the provision applied to the first six months after the dissolution judgment's entry, or to any six consecutive months after the dissolution judgment's entry. We agree with the former wife that the MSA's provision was ambiguous. Therefore, we reverse the order on appeal, and remand for the circuit court to consider the parties' extrinsic evidence as to which six consecutive months the MSA provision was to be applied.

         Procedural History

         As stated above, the MSA contained an initial 70/30 timesharing schedule in the former wife's favor. However, the MSA contained the following condition: "If the [former husband] continuously and timely exercises timesharing with the minor child for a period of 6 consecutive months, the parties shall exercise equal timesharing." The circuit court entered a final judgment of dissolution incorporating the MSA.

         Approximately three months after the dissolution judgment's entry, the former wife filed a petition requesting that the circuit court find the former husband failed to satisfy the condition which would result in equal timesharing. According to the former wife, the former husband failed to comply with the 70/30 timesharing schedule "continuously and timely" in the first three months after the dissolution judgment's entry.

         The former husband moved to dismiss the former wife's petition, arguing that the petition was premature because six months had not passed since the dissolution judgment's entry. The former husband's response did not argue that the six month period did not apply to only the first six months immediately after the dissolution judgment's entry.

         The circuit court dismissed the former wife's petition without prejudice.

         Over a year later, the former husband filed a motion to enforce the MSA's condition which would result in equal timesharing. In the motion, the former husband alleged that he "continuously and timely" exercised 70/30 timesharing for the prior six consecutive months. The former husband admitted in the motion that during the first six months immediately after the dissolution judgment's entry, he "occasionally had to reschedule timesharing due to work and family obligations . . . ."

         At a hearing on the former husband's motion, the parties stipulated that the former husband "continuous and timely" exercised 70/30 timesharing for the six consecutive months immediately before the former husband's motion. However, the former wife argued that the six consecutive months stated in the MSA referred to the period immediately after the dissolution judgment's entry, during which the former husband did not "continuous and timely" exercise 70/30 timesharing. The former wife argued, in the alternative, that the MSA was ambiguous as to which six consecutive months the MSA was to be applied.

         After the hearing, the circuit court entered a written order granting the former husband's motion. The court first found no ambiguity in the MSA's provision that "[i]f the [former husband] continuously and timely exercises timesharing with the minor child for a period of six (6) consecutive months, the parties shall exercise equal timesharing." The court then found that the former husband "continuous and timely" exercised 70/30 timesharing for the six consecutive months immediately before the former ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.