McDonald v. McDonald, 732 So. 2d 505 (Fla. 4th DCA 1999). · Go Syfert
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McDonald v. McDonald, 732 So. 2d 505 (Fla. 4th DCA 1999). Cases Citing This Book View Copy Cite
18 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Lindsey Rachelle Healy v. Joseph James Healy (fladistctapp, 2025-04-23)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Lindsey Rachelle Healy v. Joseph James Healy
Fla. Dist. Ct. App. · 2025 · confidence medium
See § 61.13(2)(c)4., Fla. Stat. (2024) (recognizing, albeit in the context of shared parental responsibility, that “[a]reas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family”); McDonald v. McDonald, 732 So. 2d 505, 506 (Fla. 4th DCA 1999) (recognizing that a parent may be given sole parental responsibility concerning education if such relief is properly requested); see also Moritz v. Stonecipher, 357 So. 3d 171 , 171–72 (Fla. 4th DCA 2023) (recognizing that a parent with primary residential care and cu…
discussed Cited as authority (rule) CHARLES LEE ROSALY v. VERONIKA KONECNY
Fla. Dist. Ct. App. · 2022 · confidence medium
“A trial court violates due process and reversibly errs when it awards relief not sought by the pleadings.” Schot v. Schot, 273 So. 3d 48, 51 (Fla. 4th DCA 2019) (citing McDonald v. McDonald, 732 So. 2d 505, 506 (Fla. 4th DCA 1999)).
discussed Cited as authority (rule) RACQUEL SCHOT v. KEVIN SCHOT
Fla. Dist. Ct. App. · 2019 · confidence medium
McDonald v. McDonald, 732 So. 2d 505, 506 (Fla. 4th DCA 1999); see also Wallace v. Wallace, 605 So. 2d 504, 505 (Fla. 4th DCA 1992) (“Because the wife’s motion did not request the relief awarded, and the wife submitted no evidence on this issue, it was error to award such relief.”).
discussed Cited as authority (rule) Khutorsky v. Ilina
Fla. Dist. Ct. App. · 2011 · confidence medium
Additionally, the trial court found that the former husband had the ability to pay one-half of the cost of the parties’ younger child’s private schooling at Beth Am, and held that “[f]or the 2010-11 school year and thereafter, the Former Husband shall pay one-half of the tuition, fees and books as well as one-half of the Temple fee, for [the younger child] to remain at Beth Am through the 5th grade.” “[W]hen an award of relief is not sought by the pleadings, it is reversible error to grant such relief.” McDonald v. McDonald, 732 So.2d 505, 506 (Fla. 4th DCA 1999); accord Gelman v. …
discussed Cited as authority (rule) Pomeranz v. Pomeranz (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2007 · confidence medium
McDonald v. McDonald, 732 So.2d 505, 506 (Fla. 4th DCA 1999).
discussed Cited "see" Bruce L. Salituri v. Susan A. Salituri
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See McDonald v. McDonald, 732 So.2d 505, 506 (Fla. 4th DCA 1999); Krift v. Obenour, 152 So.3d 645, 647-48 (Fla. 4th DCA 2014); cf. Kasdorf v. Kasdorf, 931 So.2d 257, 258-59 (Fla. 4th DCA 2006) (holding that the record supported the trial court’s ruling that the husband have “ultimate decision making authority” over children’s medical and dental decisions).
discussed Cited "see" Gelman v. Gelman
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Thomas v. Thomas, 776 So.2d 1092, 1094 (Fla. 5th DCA 2001). “[W]hen an award of relief is not sought by the pleadings, it is reversible error to grant such relief.” McDonald v. McDonald, 732 So.2d 505, 506 (Fla. 4th DCA 1999).
cited Cited "see" Ruble v. Ruble
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See McDonald v. McDonald, 732 So.2d 505 (Fla. 4th DCA 1999) (holding that it is reversible error to grant relief not sought by the pleadings).
cited Cited "see" Roque v. Paskow
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See McDonald v. *503 McDonald, 732 So.2d 505, 506 (Fla. 4th DCA 1999); Moody v. Moody, 721 So.2d 731, 734 (Fla. 1st DCA 1998).
cited Cited "see" Hendershot v. Hendershot
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See McDonald v. McDonald, 732 So.2d 505 (Fla. 4th DCA 1999); Szymanski v. Szymanski, 603 So.2d 73 (Fla. 4th DCA 1992).
discussed Cited "see, e.g." Lopez v. Lopez
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence low
A trial court is precluded from hearing and deciding "matters which are not the subject of appropriate pleadings and notice." Todaro v. Todaro, 704 So.2d 138, 139 (Fla. 4th DCA 1997); see also McDonald v. McDonald, *411 732 So.2d 505 (Fla. 4th DCA 1999) (holding that when an award of relief is not sought by the pleadings, it is reversible error to grant such relief).
discussed Cited "see, e.g." Carroll & Associates, PA v. Galindo
Fla. Dist. Ct. App. · 2003 · signal: see also · confidence medium
"Florida law clearly holds that a trial court lacks jurisdiction to hear and to determine matters which are not the subject of proper pleading and notice." In re Estate of Hatcher, 439 So.2d 977, 980 (Fla. 3d DCA 1983) (footnote omitted); see also McDonald v. McDonald, 732 So.2d 505, 506 (Fla. 4th DCA 1999)(holding that "when an award of relief is not sought by the pleadings, it is reversible error to grant such relief"); Instituto Patriotico Y Docente San Carlos, Inc. v. Cuban American Nat'l Found., 667 So.2d 490, 491 (Fla. 3d DCA 1996) (finding the lower court was without jurisdiction in a s…
Retrieving the full opinion text from the archive…
Paul McDONALD, Appellant,
v.
Cheryl McDONALD, n/k/a Cheryl Cranmer, Appellee.
97-3684.
District Court of Appeal of Florida, Fourth District.
Jun 2, 1999.
732 So. 2d 505
1999 WL 345671
Baker.
Cited by 14 opinions  |  Published
Pinpoint authority: bottom 51%

[*506] A. Thomas Connick of A. Thomas Connick, P.A., Deerfield Beach, for appellant.

Howard S. Friedman of Fischler & Friedman, P.A., Fort Lauderdale, for appellee.

BAKER, MOSES, Jr., Associate Judge.

Appellant, Paul McDonald, appeals a final order granting his former wife Cheryl McDonald, n/k/a Cheryl Cranmer's petition for relocation with the parties' exceptional minor child, Streisand McDonald.

The parties were divorced pursuant to a final judgment dated March 14, 1997. The wife petitioned for relocation on May 19, 1997, just sixty-five days later. The order granting the petition provided the following, in pertinent part, "[t]he parties shall continue to share parental responsibilities except to the discretion regarding Streisand's education, which is for the Petitioner/Former Wife to decide;" (emphasis added).

We find that the trial court's award of sole parental responsibility concerning the education of the minor child constitutes reversible error because appellee did not pray for this relief in her petition. It is well settled that when an award of relief is not sought by the pleadings, it is reversible error to grant such relief. See Moore v. Trevino, 612 So.2d 604, 606 (Fla. 4th DCA 1992) (the trial court's award of shared parental responsibility constituted reversible error, where appellee did not pray for custody in his counter petition); Wallace v. Wallace, 605 So.2d 504, 505 (Fla. 4th DCA 1992) (because the wife's motion did not request the relief awarded, and she submitted no evidence on the issue, it was error to award such relief); Rhodes v. Wall, 514 So.2d 437, 438 (Fla. 4th DCA 1987) (reversible error occurred where petition for paternity did not ask for custody, but court awarded shared parental responsibility); Gleason v. Gleason, 453 So.2d 941, 941 (Fla. 4th DCA 1984) ("[i]n this dissolution of marriage action, the court awarded to the husband the wife's interest in a jointly owned money market account. The husband had not sought such relief. Accordingly, we reverse....").

After careful consideration, we affirm as to all other issues raised on appeal by appellant. Accordingly, we reverse in part and affirm in part.

AFFIRMED IN PART AND REVERSED IN PART.

GUNTHER and STEVENSON, JJ., concur.