Trial Court violated Father's due process rights by modifying his visitation schedule in absence of pleading requesting modification

In a very short "run of the mill" case, The First DCA in J.S. v. S.R. , 38 FLW D2165 (Fla 1st DCA) opinion filed October 16, 3013, the father filed a pro ce appeal arguing that the trial court violated his due process rights by modifying his "visitation schedule" where there were no pleadings requesting a modification. This case came to the trail court on the Father's motion for enforcement of a facilitated visitation schedule.
Full opinion follows:
WOLF, J. Appellant, the father, appeals from an order on his motion seeking enforcement of a facilitated visitation agreement. The father argues the trial court’s modification of his visitation schedule, in the absence of pleadings requesting such modification, was a denial of due process. We agree. See Neumann v. Neumann, 857 So. 2d 372, 373 (Fla. 1st DCA 2003) (“It is well settled that an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated below denies fundamental due process.”). We therefore reverse. The visitation schedule in place at the time the father filed his motion for enforcement is restored. See id.
REVERSED.
LEWIS, C.J., and MAKAR, J., CONCUR.