Family Law Case Updates – April 2015


Liberatore v. Liberatore, — So.3d –, 40 Fla. L. Weekly D864 (Fla. 5th DCA 2015).  Trial court violated remand by addressing additional issues.  On remand, a lower court must strictly follow the instructions of court mandate.

Broga v. Broga, 166 So.3d 183 (Fla. 1st DCA 2015).  Husband raised nineteen issues on appeal.  “There are few, if any, cases that merit raising 19 issues on appeal.  It is the job of competent appellate counsel to select and raise only meritorious issues on appeal.”

Equitable Distribution:

Marcheck v. Marcheck, 159 So.3d 1025 (Fla. 2nd DCA 2015). Trial court failed to deduct expenses from gross receipts in using capitalization method to value a business.


Horowitz v. Horowitz, 160 So.3d 530 (Fla. 2nd DCA 2015).  Hacking into estranged wife’s Facebook account does not constitute cyber stalking.

Leach v. Kersey, 162 So.3d 1104 (Fla. 2nd DCA 2015).  Paramour was not entitled to an injunction against cyber stalking against the wife of the doctor with whom she was having an affair who posted blog entry about paramour entitled “she’s a home wrecker”.  Injunction would require multiple incidents of stalking.  A reasonable woman who has an eighteen month affair with another woman’s husband should expect scorn from angry wife.

Snead v. Ansley, 160 So.3d 952 (Fla. 1st DCA 2015). Putzig v. Bresk, — So.3d –, 40 Fla. L. Weekly D899 (Fla. 4th DCA 2015).  Trial court erred granting petition for protection against repeat violence when appellant not afforded full opportunity to present evidence.


Wade v. Wade, 159 So.3d 1006 (Fla. 3rd DCA 2015).   Changes to notice provisions in final judgment were not a “modification” within the meaning of 61.13(3).  Parties encouraged to use parental coordinator.


Ledoux-Nottingham v. Downs, 163 So.3d 560 (Fla. 5th DCA 2015).  Florida’s public policy and stance on grandparent visitation does not outweigh full faith and credit of a domesticated Colorado final judgment providing grandparent visitation.

In re: Amendments to Family Law Form, 162 So.3d 964 (Fla. 2015).  Revises instructions on dating violence injunction.

Clark v. Clark, 159 So.3d 1015 (Fla. 1st DCA 2015).  Fact that the final judgment mirrored former wife’s proposed judgment, court made findings that husband’s accountant was his friend and therefore accountant’s testimony received little weight, and fact judge said to a witness “this is a difficult case” was not sufficient to show bias to disqualify judge.  It is well settled adverse rulings are insufficient to show bias.

DSC_1124Eddie Stephens is a partner in Ward Damon located in West Palm Beach, FL. Mr. Stephens was admitted to the Florida Bar in 1997 and is Board Certified in Family and Marital Law.  After starting his career as an attorney for the Palm Beach County Property Appraiser’s Office, Stephens has developed a successful family law practice focused on highly disputed divorces. Through hundreds of hearings and dozens of trials, Stephens has honed his practice by making straightforward arguments that bring opposing sides closer together in order to find a successful resolution.

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