Shuler v. Darby
Florida District Court of Appeal
786 So. 2d 627 (2001)
- Written by Liz Nakamura, JD
Facts
Gary Shuler (plaintiff) and Christa Darby (defendant) were divorced pursuant to a final judgment of dissolution. Seven years after the final judgment was entered, Darby filed a motion to enforce the terms of the judgment, alleging that Shuler was noncompliant. In response, Shuler filed a petition to modify his obligations under the final judgment due to an alleged substantial change-in-circumstances. Darby moved to strike Shuler’s modification petition. At a hearing on Darby’s motion-to-strike, the trial court granted Darby’s motion-to-strike, denied Shuler leave to amend his modification petition, and, without a precipitating motion from Darby, granted a final judgment on the pleadings in Darby’s favor. Shuler appealed, arguing that the trial court committed reversible error by granting a final judgment on the pleadings (1) without Darby filing a motion for a judgment on the pleadings; and (2) before pleadings were closed, meaning before Darby filed an answer to Shuler’s modification petition.
Rule of Law
Issue
Holding and Reasoning (Browning, J.)
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