Asuka Nomura, Appellant, v. Hideto Hata, Appellee. (2023)

District Court of Appeal of Florida, Third District.

Asuka Nomura, Appellant, v. Hideto Hata, Appellee.

No. 3D22-1731

Decided: January 18, 2023

Before LOGUE, SCALES, and HENDON, JJ.

Law Firm of Anya Cintron Stern, PA, and Anya Cintron Stern, for appellant. Davis Smith & Jean, LLC, and Sonja A. Jean and Laura Davis Smith, BCS, for appellee.

ON CONFESSION OF ERROR

Based upon Appellee's commendable confession of error, we reverse the order under review because the case management conference that led to the issuance of the order of reunification had not been noticed as an evidentiary hearing and Appellant was given no notice or an opportunity to present evidence. Mezei v. Tzynder, 307 So. 3d 83, 83-84 (Fla. 3d DCA 2020) (“Because the motion to modify timesharing was not properly noticed for hearing, the mother was divested of her procedural due process rights.”).

PER CURIAM.

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