         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-1002
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NATASHA DUCALI,

    Appellant,

    v.

HUMBERTO DUCALI,

    Appellee.
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On appeal from the Circuit Court for Duval County.
John I. Guy, Judge.

                           July 9, 2019


PER CURIAM.

     The former wife appeals the trial court’s orders on the former
husband’s motion for contempt and enforcement and its denial of
her motions for rehearing. We write only to address the trial
court’s decision to award the former husband sole parental
responsibility over educational and health care decisions for the
two children. At no time did the former husband plead for a change
in parental responsibility, and the issue was not tried by consent.
Accordingly, the trial court abused its discretion in awarding
unpled relief to the former husband. See Russell v. Russell, 240
So. 3d 890 (Fla. 1st DCA 2018) (reversing portion of the final
judgment awarding the mother sole authority over daycare
decisions when the mother never requested such a modification);
Abbott v. Abbott, 98 So. 3d 616, 617-18 (Fla. 2d DCA 2012) (noting
to grant unrequested relief is an abuse of discretion and reversible
error). We reverse the portion of the order awarding the former
husband unpled relief. We affirm in all other respects.

    AFFIRMED in part, REVERSED in part, and REMANDED.

B.L. THOMAS, ROBERTS, and OSTERHAUS, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Robert J. Slama of Robert J. Slama, P.A., Jacksonville, for
Appellant.

Michael L. Duncan of Duncan Trial & Family Law, Jacksonville;
Diane L. Paull, Jacksonville Beach, for Appellee.




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