Family Law Case Updates – March 2014

Appeals:

Nassirou v. Nassirou, 39 Fla.L.Weekly D547 (Fla. 1^st DCA 2014).  Former Husband’s challenge of “majority 100% time sharing parent” waived when not raised in first direct appeal.

Attorneys’ Fees:

Salisele v. Sapicas, 39 Fla.L.Weekly D540 (Fla. 3^rd DCA 2014).  Trial court erred in awarding attorneys’ fees when settlement agreement ratified by Court provided each party will be responsible for their own fees.

Domestic Violence:

Jeffries v. Jeffries, 39 Fla.L.Weekly D613 (Fla. 1^st DCA 2014).  Injunction against domestic violence affirmed when based on sufficient evidence.  Not up to appellate court to reweigh evidence.

Williams v. Gander, 39 Fla.L.Weekly D575 (Fla. 1^st DCA 2014).  Injunction against repeat violence reversed.  Keying a car is not an act of violence.

Cannon v. Thomas, 39 Fla.L.Weekly D549 (Fla. 1^st DCA 2014).  Injunction against repeat violence reversed when there was only one act of violence.

Touhey v. Seda, 39 Fla.L.Weekly D530 (Fla. 2^nd DCA 2014).  Injunction for protection against stalking reversed for insufficient evidence.  Stalking is defined as the willful, malicious, and repeated following, harassing or cyberstalking of another person.  “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.  “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.  “Cyberstalk” is defined as engaging in a course of conduct to communicate, or cause to be communicated, words, images, or language by or through the use of electronic mail, or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.  Court’s apply a reasonable person standard as opposed to subjective standard, to determine whether an incident causes substantial emotional distress.

Hunter v. Booker, 39 Fla.L.Weekly D511 (Fla. 1^st DCA 2014).  Error to enter parenting plan when denying D.V. injunction when parenting plan was not even requested.

Equitable Distribution:

McNorton v. McNorton, 39 Fla.L.Weekly D613 (Fla. 2^nd DCA 2014).  Trial court affirmed for charging depleted account against party when used for new his new residence and his living expenses as this is a purpose unrelated to marriage.  Trial court erred for charging lost earning on depleted account when there was insufficient evidence.

Ingram v, Ingram, 39 Fla.L.Weekly D529 (Fla. 2^nd DCA 2014).  Trial court reversed for dismissing action trial court erroneously concluded was an attempt to modify property distribution.  Original final judgment reserved jurisdiction to reallocate Husband’s military pension based on his actual years of service.

Williams v. Williams, 39 Fla.L.Weekly D477 (Fla. 1^st DCA 2014).  Trial court’s valuation of art collection remanded when it was not consistent with either party’s expert opinion nor were there any findings of fact explaining how value was determined.

Parenting:

Griffith v. Griffith, 39 Fla.L.Weekly D501 (Fla. 2^nd DCA 2014).  Order modifying custody remanded due to lack of findings of substantial change and whether best interest of child considered.

Support:

J.L.B. v. S.J.B., 39 Fla.L.Weekly D598 (Fla. 5^th DCA 2014).  Trial court affirmed when child support based on 3 children instead of 4 when 4^th child was adopted and residential parent received a stipend from the state.  Trial court erred in rotating tax dependency when that relief was not requested.

Nassirou v. Nassirou, 39 Fla.L.Weekly D547 (Fla. 1^st DCA 2014).  Order on arrears reversed when it improperly included private school tuition arrears.