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MICHELLE PIMIENTA, vs DAVID ABRAHAM ROSENFELD
Case Number: 20-0606
Fleur J. Lobree
Third District Court of Appeal
State of Florida
On Appeal From The Circuit Court for Miami-Dade County
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Defendant's Attorney: Nancy A. Hass, P.A., and Nancy A. Hass
Miami, Florida - Paternity lawyer represented Appellant with appealing from an amended final judgment of paternity.
Michelle Pimienta (the “mother”) appeals from an amended final
judgment of paternity. After a three-day trial during which the mother
voluntarily absented herself, the trial court awarded the father, David
Rosenfeld, the entirety of timesharing with the parties’ minor son as well as
ultimate decision-making authority, in accordance with the recommendation
of the guardian ad litem. Fourteen days before trial, the mother moved for a
continuance based upon the fact a psychological report had yet to be
completed. We find no abuse of discretion in the trial court’s denial of the
mother’s motion for continuance, even in light of the withdrawal of the
mother’s tenth attorney shortly before trial, as our review of the record shows
that the delay in completing the report was solely attributable to the mother.
See Hogan v. Aloia, 257 So. 3d 479, 482-83 (Fla. 4th DCA 2018); Cargile–
Schrage v. Schrage, 908 So. 2d 528, 529 (Fla. 4th DCA 2005).
Outcome: Finding no error in the numerous other issues raised by the mother, we affirm the trial court’s commendably detailed and thorough order.