RICKENBACH v. KOSINSKI

No. 5D08-1877.

32 So.3d 732 (2010)

Robert RICKENBACH, Appellant/Cross Appellee, v. Monica KOSINSKI f/k/a Monica Rickenbach, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fifth District.

April 16, 2010.


Attorney(s) appearing for the Case

David T. Roberts of Roberts & Robold, P.A., Orlando, and Shannon L. Akins of Law Offices of Shannon L. Akins, P.A., Orlando, for Appellant/Cross Appellee.

Thomas D. Marks and Abigail M. Johnston of The Marks Law Firm, P.A., Orlando, for Appellee/Cross Appellant.


MONACO, C.J.

This is a troubling case. It is troubling because the trial judge fashioned a fair and equitable result after carefully considering the evidence presented to him. Unfortunately, it appears that the relief fashioned was not what either party wanted, and neither seems to have told the court during the course of the trial that the request for the relief that was granted had been withdrawn by stipulation. Thus, we are compelled to reverse.

When the...

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