BRIAN DOUGLAS COOPER
v.
KATIE GOEDERT COOPER
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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…
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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
1 The parties agreed the former husband will see the minor child “one overnight a week and every other weekend from Saturday at 8:00am to Sunday at 5:00pm.” If the former husband receives one night a week and one Saturday overnight every other weekend, the total is fifty-two weekday overnight visits plus twenty-six weekend overnight visits. Former husband also argued on rehearing and appeal that he is entitled to an additional day of timesharing relating to Christmas Eve or Christmas. Our calculation of seventy-eight days’ timesharing does not account for any additional day relating to these holidays. On remand, the trial court shall consider whether the parties’ agreement requires that former husband receive seventy-nine days of timesharing.
EVANDER, C.J., EISNAUGLE and TRAVER, JJ., concur.
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- 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)