Stephens’ Squibs – July 2014

Attorneys’ Fees:

Johnson v. Johnson, 39 Fla.L.Weekly D1401 (Fla. 5th DCA 2014).  Trial court reversed for denying wife attorneys’ fees in relocation because the Court felt it lacked jurisdiction to make the award.

Enforcement:

Napoli v. Napoli, 39 Fla.L.Weekly (Fla. 4th DCA 2014).  Order of contempt reversed and remanded when it lacked finding party had ability to comply, recitation of facts finding based upon and a separate finding party has current ability to comply with purge provision.

Equitable Distribution:

Sorgen v. Sorgen, 39 Fla.L.Weekly D1367 (Fla. 4th DCA 2014).  Wife’s interest in non-marital property lost its non-marital status when the Wife sold the property and deposited the proceeds into a joint account.

Modification:

Holland v. Holland, 39 Fla.L.Weekly D1355 (Fla. 1st DCA 2014).  Trial court erred in temporarily modifying a final timesharing order without appropriate modification findings.  Just because order did not say it was not a final judgment does not mean it was not a final order when it adopted partie’s settlement agreement and parties already attempted to modify it.

Procedure:

In re: Amendments to Family Rules Procedure, 39 Fla.L.Weekly S470 (Fla. 2014).  Revises rule 12.742 re: parental coordinators.

In re: Amendments to Family Forms, 39 Fla.L.Weekly S470 (Fla. 2014).  Revises domestic, repeat, dating and sexual violence and stalking forms.

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