Stephens Squibs – January 2016

Other squibs news:

January 2016 squibs:

Agreements:

Felice v. Felice, 41 Fl. L. Weekly D21 (Fla. 2nd DCA 2015).  Trial court erred finding marital value in debt reduction on premarital property when prenuptial agreement provided Wife would not be entitled to any value in the home.

Appeals:

Fay v. Fay, 41 Fl. L. Weekly D1 (Fla. 2nd DCA 2015).  Trial court erred denying appellate costs to prevailing party.  Costs are properly awarded to the party who prevailed on “significant issues” on appeal, even if party did not obtain all relief sought.

Enforcement:

Stusch v. Jiruska, 41 Fl. L. Weekly D129 (Fla. 4th DCA 2016).  Order granting contempt reversed for new contempt hearing.  Obligor in Spain should have been allowed to participate telephonically.  Court could not hold obligor in contempt for an obligation that has not been ordered.  Trial court could only award fees incurred in bringing the motion for contempt.

Injunctions:

Woolley v. Nelsen, 41 FL. L. Weekly D232 (Fla. 2nd DCA 2016).  Trial court cannot summarily deny motion to dissolve injunction without hearing.  Fact injunction serves no purpose because respondent is incarcerated is a basis for relief.

David v. Textor, 41 Fl. L. Weekly D131 (Fla. 4th DCA 2016).  Cyberstalking injunction between two business men competing and litigating against each other reversed.  Injunction not only prevented respondent from communication to petitioner, it prohibited respondent from speaking about petitioner.  Temporary injunction directed to speech is classic example of prior restraint.

Jacquot v. Jacquot, 41 Fl. L. Weekly D21 (Fla. 2nd DCA 2015).  Trial court erred denying motion to vacate injunction as moot because it had already expired.  Injunction for protection fall under exception to rule of mootness because of collateral legal consequences that may flow from injunction.

Modification:

Tatum v. Triana-Tatum, 41 Fl. L. Weekly D180 (Fla. 5th DCA 2016).  Trial court erred modifying support prior to date of filing.

Benedict v. Benedict, 41 Fl. L. Weekly D126 (Fla. 4th DCA 2016).  Obligor raised concern for first time on appeal that amount of alimony arrears in judgment might change if his pending modification is successful.  No worries, if modification granted, amount may be changed via 1.540(b)(5) motion.

Pollack v. Pollack, 41 Fl. L. Weekly D59 (Fla. 5th DCA 2015).  Trial court erred terminating alimony on date former wife entered supportive relationship.  Court could only award retroactive relief to date modification was filed.

Meyers v. Reed, 41 Fl. L. Weekly (Fla. 4th DCA 2016).  Fact Father stabilized his life and wanted more timesharing was insufficient to support modification.

Parenting:

Forssell v. Forssell, 41 Fl. L. Weekly D115 (Fla. 4th DCA 2016).  Trial court erred when it suspended timesharing without setting forth steps to reestablish within order.

Support:

DOR v. Price, 41 Fl. L. Weekly D50 (Fla. 1st DCA 2015).  Trial court erred excluding military overseas housing allowance from gross income.

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