Florida Appeals Success Stories

Bazinet v. Pinkerton

Fifth District Court of Appeal, Case No. 5D2025-0058 (Dec. 19, 2025)
Result: Affirmed in part; reversed in part

Appellate Win: Reversal of Improper School Change and Time-Sharing Modification Entered Without Due Process

Florida Appeals successfully obtained a reversal of a trial court order that improperly modified a final parenting judgment during a contempt proceeding, protecting a father’s fundamental due process rights and preserving equal time-sharing with his child.

In a strongly worded opinion, the Fifth District Court of Appeal held that the trial court violated due process by sua sponte changing the child’s school designation and altering the time-sharing schedule where no party had requested such relief and no petition for modification had been pled. The appellate court emphasized that a trial court may not modify a final judgment affecting school choice or time-sharing absent a properly pled and proven substantial and material change in circumstances.

The Fifth DCA reversed the portions of the order that:

• Changed the child’s school designation without notice or pleadings, and
• Authorized overnight school-night time-sharing that effectively eliminated the father’s equal time-sharing rights.

The court reaffirmed that contempt proceedings are limited to enforcement and cannot be used as a back-door mechanism to modify a parenting plan, underscoring that granting unrequested relief constitutes a denial of due process.

While the appellate court affirmed the trial court’s finding of contempt and make-up visitation as enforcement remedies, it made clear that modification of parental rights requires strict adherence to constitutional notice requirements and statutory standards.

Outcome:
Reversal of unauthorized school and time-sharing modifications; preservation of equal parental rights; clear appellate guidance reinforcing due process protections in family law contempt proceedings.