RESTREPO v. AQUINO (2025)

District Court of Appeal of Florida, Third District.

Beatriz Eugenia RESTREPO, Appellant, v. Luna Natalia Otero AQUINO, Appellee.

No. 3D23-2175

Decided: March 05, 2025

Before SCALES, MILLER and GOODEN, JJ.

Susan R. Brown, P.A., and Susan R. Brown (Plantation), for appellant. Sandy T. Fox, P.A., and Sandy T. Fox, Aventura and Sara E. Ross, for appellee.

We affirm the trial court's dismissal of Beatriz Eugenia Restrepo's petition for modification of the final judgment, timesharing, and child support. The grounds alleged in the petition, taken as true, do not meet the requirements of section 61.13(3), Florida Statutes. § 61.13(3), Fla. Stat. (2023) (“A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.”); Villalba v. Villalba, 316 So. 3d 366, 368 (Fla. 4th DCA 2021) (“Dismissal of a petition for modification for failure to state a cause of action is proper where the petition alleges grounds which, if substantiated, would not give the trial court a basis to modify the final judgment.”).

Affirmed.

PER CURIAM.

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