RUIZ v. MACHIN, 3D00-588 (Fla.App. 3 Dist. 3-29-2000)

No. 3D00-588.District Court of Appeal of Florida, Third District.
Opinion filed March 29, 2000.

An Appeal from a non-final order of the Circuit Court for Dade County, Gill S. Freeman, Judge, LOWER TRIBUNAL NO. 98-14106.

Steven Abramowitz, for appellant.

Emilia Diaz Fox, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.

PER CURIAM.

Because there is no evidentiary or legal basis to support it, the order denying the father the present right to overnight visitation of a year-old child is reversed and the cause remanded with directions to order that such visitation be afforded. See Adamson v. Chavis, 672 So.2d 624 (Fla. 1st DCA 1996); Saenz v. Saenz, 602 So.2d 973 (Fla.3d DCA 1992), review denied, 613 So.2d 8 (Fla. 1992). This opinion shall become effective immediately, notwithstanding the filing of any motion for rehearing.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.