BRIAN DOUGLAS COOPER
v.
KATIE GOEDERT COOPER
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court's adoption of a partial marital settlement agreement regarding timesharing and parental responsibility is affirmed when it properly addresses the child's best interests, but the judgment must be reversed and remanded when the court miscalculates the number of overnight visitations specified in the unambiguous agreement.
[1] A trial court does not abuse its discretion by adopting a partial marital settlement agreement executed by the parties without counsel when the agreement properly address…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court incorporated the parties' partial agreement into the final dissolution judgment, which unambiguously provides that former husband has at least seventy-eight overnight visits per year. Nevertheless, the trial court credited the former husband with only seventy-two.”
Court's explanation of the mathematical error requiring reversal
Brian and Katie Cooper divorced, and the parties executed a partial marital settlement agreement without counsel regarding timesharing and parental re…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Best Interests Of The Child cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BRIAN DOUGLAS COOPER,
Appellant,
v. Case No. 5D20-1905
KATIE GOEDERT COOPER,
Appellee.
________________________________/
Opinion filed June 25, 2021
Appeal from the Circuit Court for St. Johns County, Bryan Rendzio, Judge.
J. Stephen Alexander, of Alexander Law Firm
LLC, St. Augustine, for Appellant.
Douglas N. Burnett and Hillary Mesa, of St. Johns Law Group, P.A., St. Augustine Beach, for Appellee.
PER CURIAM.
The former husband, Brian Cooper, appeals a final judgment of dissolution of marriage to the former wife, Katie Cooper. As it relates to timesharing and parental responsibility, we affirm. The trial court properly addressed the minor child’s best interests, and it did not abuse its discretion by adopting the partial marital settlement agreement the parties executed without the assistance or knowledge of counsel. See Vinson v. Vinson, 282 So. 3d 122, 134 (Fla. 1st DCA 2019). We reverse in part, however, based on the trial court’s mathematical miscalculation involving the former husband’s overnight visitations. We review this issue de novo. See Kareff v. Kareff, 943 So. 2d 890, 892 (Fla. 4th DCA 2006). The trial court incorporated the parties’ partial agreement into the final dissolution judgment, which unambiguously provides that former husband has at least seventy-eight overnight visits per year. Nevertheless, the trial court credited the former husband with only seventy-two.1 Because the parties’ agreement was clear and unambiguous, its provisions relating to overnight visitations, and therefore child support calculations, must be enforced as written. See Avellone v. Avellone, 951 So. 2d 80, 83 (Fla. 1st DCA 2007) (citing Delissio v. Delissio, 821 So. 2d 350, 353 (Fla. 1st DCA 2002)). On remand, the trial court shall recalculate the number of overnights awarded to the former husband and the corresponding child support award. See Murphy v. Murphy, 313 So. 3d 237, 239–40 (Fla. 2d DCA 2021). AFFIRMED in part, REVERSED in part, and REMANDED.
EVANDER, C.J., EISNAUGLE and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Delissio v. Delissio, 821 So. 2d 350 (Fla. 1st DCA 2002)
- Kareff v. Kareff, 943 So. 2d 890 (Fla. 4th DCA 2006)
- Avellone v. Avellone, 951 So. 2d 80 (Fla. 1st DCA 2007)
- Murphy v. Murphy, 313 So. 3d 237 (Fla. 2d DCA 2021)