Stephens’ Squibs – January 2014

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Alimony:

Evans v. Evans, 39 Fla.L.Weekly D51 (Fla. 1st DCA 2012).  Trial court abused discretion in awarding wife permanent alimony because the relative youth of the wife, 2 years of college, and her ability to run a business in the past does not reflect permanent inability on the part of the wife to become self sustaining.

Attorney’s Fees:

Weissman v. Braman, 39 Fla.L.Weekly D209 (Fla. 4th DCA 2014).  Order disgorging law firm of fees reversed when relief went beyond what was requested in pleadings.

Hahamovitch v. Hahamovitch, 39 Fla.L.Weekly D107 (Fla. 4th DC 2014).  Award of attorneys travel time reversed as no evidence of special circumstance.

Hahamovitch v. Hahamovitch, 39 Fla.L.Weekly D105 (Fla. 4th DC 2014),  Reversed award of fees based on  request for admissions because request denied a hotly contested central issue to the case.

Greenberg v. Greenberg, 39 Fla.L.Weekly D72 (Fla. 2nd DCA 2014).  Order awarding attorney’s fees entitlement but not amount is a non-final order not subject to appeal.

Enforcement:

Wilcoxon v. Moller, 39 Fla.L.Weekly D99 (Fla. 4th DCA 2014).  Order of contempt reversed when no purge provision, order did not specify criminal or civil contempt, and court cannot base contempt upon non-compliance with something an order does not say.

Equitable Distribution:

Hodge v. Hodge, 39 Fla.L.Weekly D8 (Fla. 5th DCA 2013). Determination of income from rental property remanded back to trial court to reduce by ordinary and reasonable expenses for upkeep of property.  In addition, trial court failed to attribute income from property being distributed to the party when determining need and ability to pay.

Evans v. Evans, 39 Fla.L.Weekly D51 (Fla. 1st DCA 2012).  Trial court abused discretion by directing wife to buy husband out of home by paying $150 per month for 20 years.  This deprives husband of one half of interest in asset.

Jurisdiction:

Sazonov v. Karpova, 39 Fla.L.Weekly D27 (Fla. 3rd DCA 2013).  Foreign citizen who is plaintiff in paternity action is not entitled to presumption of forum.

Modification:

Moore v McIntosh, 39 Fla.L.Weekly D78 (Fla. 1st DCA 2014).  Trial court erred as a matter of law by granting a modification of timesharing as a relocation does not constitute substantial change of circumstances.

Parenting:

Sordo v. Camblin, 39 Fla.L.Weekly D209 (Fla. 2nd DCA 2014).  Order modifying timesharing affirmed even without findings of substantial change of circumstances or change was in child’s best interest because deficiencies were not raised in rehearing and therefore waived.

Herrera v. Frias, 39 Fla.L.Weekly D185 (Fla. 2nd DCA 2014).  Award of sole parental affirmed when one parent in violation of improperly removing child from the jurisdiction.

Prenuptial Agreements:

Hahamovitch v. Hahamovitch, 39 Fla.L.Weekly D105 (Fla. 4th DC 2014),  Trial court’s order denying fees incurred after parties divorce affirmed based on provision in agreement.  It is against public policy to waive attorneys’ fees incurred during marriage, but once marriage dissolved, fees may be waived.

Hahamovitch v. Hahamovitch, 39 Fla.L.Weekly D102 (Fla. 4th DCA 2014).  4th DCA determines a waiver to acquisition of future property includes a waiver of active appreciation in those assets as well.  4th certifies conflict with 2nd and 3rd DCA.

Procedure:

Passamondi v. Passamondi, 39 Fla.L.Weekly D186 (Fla. 2nd DCA 2014). After case bifurcated, divorce entered then spouse dies, jurisdiction remains for other party to complete property distribution.

Baricchiv v. Barry, 39 Fla.L.Weekly D170 (Fla. 2nd DCA 2014).  A default was entered against husband on original petition.  Wife should be precluded from relief in amended petition which was never served upon the Husband.

Tannenbaum v. Shea, 39 Fla.L.Weekly D137 (Fla. 4th DCA 2014).  12.540 order vacating agreed order reversed when agreed order reducing support arrears to money judgment not against public policy because arrears can still be enforced,

Cazi v. Prophete, 39 Fla.L.Weekly D125 (Fla. 3rd DCA 2014).  Trial court’s order adopting magistrate’s report reversed when Court failed to have a hearing on timely filed exception.

In re: Amendments to Family Law Rules of Procedure,  39 Fla.L.Weekly 525 (Fla. 2014).  Supreme court adopts new procedures for assigning related family law cases and five new rules of procedure to further unify family court model.

Relocation:

Wing v. Wing, 39 Fla.L.Weekly D20 (Fla. 1st DCA 2013).  Relocation reversed as a matter of law when pleadings failed to strictly comply with directives in 61.13001 (3).

Support:

DOR v. Verrette, 39 Fla.L.Weekly D167 (Fl. 2nd DCA 2014).  Child support based upon written, signed, notarized agreement reversed as it was not court approved.

DOR v. Williams, 39 Fla.L.Weekly D166 (Fla. 2nd DCA 2014).  Child support calculations reversed when based on time sharing schedule which has not bas approved by a Court.

Supportive Relationships:

Gregory v. Gregory, 39 Fla.L.Weekly D1 (Fla. 5th DCA 2013).  Once supportive relationship found to exist, burden shifts to recipient to prove continued need for alimony.  In this case, former wife failed to meet burden and case remanded to terminate alimony.

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