Thursday, December 13, 2012

Second District Reverses Time-Sharing Injunction

The Second District Court ruled yesterday in Weissman v. Weissman, granting in part the Petitioner’s Petition for Writ of Certiorari regarding the lower court’s emergency ex parte order which denied him all timesharing for a period of 90 days.  The Court ruled that, while extraordinary circumstances justified the remainder of the lower court’s emergency order, there were no such circumstances justifying a denial of timesharing, and more importantly there was absolutely no notice allowed to the Petitioner prior to the ruling on that point.  As a result of that denial of procedural due process to the Petitioner, the Court granted cert as to that issue, and quashed the no-contact provision of the order.

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