Family Law Case Updates – July 2014

Attorneys’ Fees:

Johnson v. Johnson, 39 Fla.L.Weekly D1401 (Fla. 5^th 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. 4^th 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. 4^th 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. 1^st 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.