Chad Samuel NEUMANN, former husband, Appellant,
v.
Kenna-Joy NEUMANN, former wife, Appellee.
District Court of Appeal of Florida, First District.
*373 Denise Watson, Jacksonville, for Appellant.
Alexa Alvarez, Fernandina Beach, for Appellee.
HAWKES, J.
The Former Husband appeals from a Final Order on his Motion for Contempt and Enforcement. The Former Husband argues the trial court's modification of his visitation schedule, in the absence of pleadings requesting such a modification, constituted an abuse of discretion and denial of due process. We agree, and reverse.
It is well settled that an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated below denies fundamental due process. See Moody v. Moody,
Here, the only issue before the trial court was the Former Husband's Motion for Contempt and Enforcement. Neither the pleadings nor the notice of hearing mention or request the Former Husband's visitation schedule be modified. We conclude that by adjudicating an issue not presented by the pleadings, the trial court violated the Former Husband's right to due process and abused its discretion.
Accordingly, the visitation schedule in place at the time Former Husband filed his Motion for Contempt and Enforcement is restored, and the trial court's order is
REVERSED.
VAN NORTWICK, and PADOVANO, JJ., concur.
