Legal Opinion · Dissent

Amir v. Amir

District Court of Appeal of Florida

Decided February 8, 2006No. 4D04-4036Published

1DissentWarner, J.

I would grant the mother’s motion for rehearing, as she correctly notes that the issue of weekend visitation was already decided and not appealed by the husband in the prior appeal.

During the first proceeding, the trial court specifically determined that the visitation agreement called for the former husband to visit with the children every other weekend. This issue was litigated in the first proceeding, and the court determined, consistent with the parties’ practice, that weekend visitation under the agreement meant visitation every other weekend. Specifically, the final judgment stated:…

2Cases cited3 opinions

  1. Florida Dept. of Transp. v. JulianoSupreme Court of Florida · 2001
  2. Dinallo v. Gunster, Yoakley, Valdes-Fauli & StewartDistrict Court of Appeal of Florida · 2000
  3. Gannon v. AmirDistrict Court of Appeal of Florida · 2004

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