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Solomon v. Solomon

Florida Court of Appeals, Third District

June 20, 2018

David Solomon, Appellant,
v.
Sofia Vasquez Solomon, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 16-1705 Valerie Manno Schurr, Judge.

          Nancy A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for appellant.

          Cynthia J. Dienstag, P.A., and Cynthia J. Dienstag, for appellee.

          Before ROTHENBERG, C.J., and LAGOA and LOGUE, JJ.

          LAGOA, JUDGE

         David Solomon (the "husband") appeals from a Final Judgment of Dissolution of Marriage with Dependent or Minor Children (the "Final Judgment"), and he raises several arguments on appeal, only one of which warrants discussion. Because the Final Judgment does not set forth specific steps that the husband must take in order to obtain unsupervised time sharing with his children, we reverse and remand to the trial court for the limited purpose of setting forth such steps, and otherwise affirm.

         I. FACTUAL AND PROCEDURAL HISTORY

         The husband and Sofia Vasquez (the "wife") were married on July 12, 2001. The husband and wife have two minor children from the marriage. The wife filed a petition for dissolution of marriage on January 25, 2016. With the filing of the petition for dissolution, the wife also obtained a temporary injunction for protection against domestic violence, which prevented the husband from having contact with the wife and the children. The husband filed a counter-petition for dissolution of marriage.

         On April 19, 2016, the trial court entered an agreed order appointing Jerome H. Poliacoff, Ph.D. ("Poliacoff"), to examine the parties and the children and make recommendations pursuant to section 61.13, Florida Statutes (2016). Poliacoff rendered his report on July 11, 2016 (the "Poliacoff Report"). Poliacoff recommended supervised visitation between the husband and the children, which "should begin with a goal of ending in a short time frame." Under a section entitled "Review and Revision, " Poliacoff recommended that the plan be reviewed every three months by a guardian ad litem with the stated goal of increasing access time for the husband with the children.

         The husband states that on July 13, 2016, the parties agreed to extend the temporary injunction for a year and to amend the temporary injunction to provide that the husband have supervised time-sharing with the children in accordance with the Poliacoff Report. On August 15, 2016, the trial court entered an agreed order appointing Terilee Wunderman, Ph. D., as guardian ad litem for the children.

         The matter proceeded to trial on April 20, 2017. On May 3, 2017, the trial court entered a Final Judgment, and attached to the Final Judgment were the Poliacoff Report and a Guardian ad Litem Status Report Update dated April 13, 2017 (the "Guardian's Status Report"). The Guardian's Status Report recommended that the husband continue with his individual therapy and that "[u]nsupervised visits between [the husband and the children] should be considered as the next step in this family's healing process."

         Paragraph "5.C." of the Final Judgment, entitled "Parenting Plan, " provides in relevant part:

The Court adopts the Evaluation of Jerome H. Poliacoff, PhD, attached as Exhibit B, and the Guardian Ad Litem Status Report Update dated April 13, 2017, attached as Exhibit C, as the Parenting Plan to be followed by the parties at this time. The Father's supervised time sharing shall continue . . . . Terrilee Wunderman shall continue her role as Guardian Ad Litem for the two minor children pursuant to previous court order. Individual therapy for the Husband shall continue . . . . The Wife and the children shall participate in family therapy on an as needed basis.

         On May 18, 2017, the husband filed a Motion for Rehearing and/or Reconsideration. On June 9, 2017, the trial court denied the Motion for Rehearing ...


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