Family Law Case Updates – April 2017

Alimony:

Cook v. Cook, 42 Fla.L.Weekly D770 (Fla. 2^nd DCA 2017).  Even without a transcript, denial of alimony remanded when judgment failed to make findings as to need and ability.

Martinez v. Martinez, 42 Fla.L.Weely D769 (Fla. 2^nd DCA 2017).  Error to award $600 per month in permanent alimony in 30 year marriage was reversed when it did not meet Wife’s basic needs and Husband has ability.

Appeals:

Rodriguez v. Lorenzo, 42 Fla.L.Weekly D790 (Fla. 3ed DCA 2017).  Without a transcript, appellate court could not determine if trial court erred denying alimony in short term marriage.  Appellate court has no jurisdiction to address “psychological damages” allegedly incurred during pendency of appeal.

Attorneys’ Fees:

Frezza v. Frezza, 42 Fla.L.Weekly D881 (Fla. 2^nd DCA 2017).  Final judgment that had one paragraph awarding fees and one paragraph stating each party pay their own, remanded for clarification.

Rorrer v. Orban, 42 Fla.L.Weekly D721 (Fla. 3^rd DCA 2017).  Court cannot disregard 61.16 in favor of it’s own formula to determine attorneys’ fees intended to discourage litigation.  Further, post judgment orders do not necessarily need a reservation in each order to obtain post judgment fees on those matters.

Menz & Battista v. Ramos, 42 Fla.L.Weekly D716 (Fla. 4^th DCA 2017).  Court has no basis to deny attorney’s charging lien that should have attached to Husband’s share of equitable distribution.

Cohabitation Agreements:

Armao v. McKenney, 42 Fla.L.Weekly D1011 (Fla. 4th DCA 2017).  Trial court found parties entered into an enforceable oral cohabitation agreement.

Equitable Distribution:

Wayne v. Einspar, 42 Fla.L.Weekly D917 (Fla. 5^th DCA 2017).  Trial court erred failing to categorize parties’ son’s auto loan taken out by parties before filing as a marital liability.

Brussott v. Brusott, 42 Fla.L.Weekly (Fla. 4^th DCA 2017).  Trial Court erred when it summarily awarded marital residence to former husband without any findings to support award.

Fawcett v. Gainey, 42 Fla.L.Weekly D804 (Fla. 5^th DCA 2017).  Trial court erred including engagement ring in marital estate.

Sciame v. Sciame, 42 Fla.L.Weekly D770 (Fla. 3nd DCA 2017).  Trial court reversed for requiring former husband to elect summer benefits for the former wife when parties did not agree to that in martial settlement agreement.

Injunctions:

Noe v. Noe, 42 Fla.L.Weekly D875 (Fla. 1^st DCA 2017).  Under circumstances of this case, court did not abuse discretion in denying motion to dissolve injunction when respondent was incarcerated for an extended period.

Modification:

Regan v. Regan, 42 Fla.L.Weekly 828 (Fla. 4^th DCA 2017).  Trial court affirmed for not imputing income  or imputing income on investments in modification case where former wife never worked and final judgment did not contemplate equitable distribution would be used for support.

Parenting:

Aranda v. Padilla, 42 Fla.L.Weekly (Fla. 4^th DCA 2017).  Trial court erred awarding sole parental responsibility without finding shared parental would be detrimental to child.  Court also erred failing to address holidays and special occasions and allocating travel expenses pro rata.

Riddle v. Riddle, 42 Fla.L.Weekly D705 (Fla. 4^th DCA 2017).  Substantial change of circumstances was not necessary for court to modify temporary relief order.  A court may, upon good cause shown, and without a showing of a substantial change of circumstances, modify, vacate or set aside temporary order before or upon entering a final order.

Procedure:

Strawitch v. Strawitch, 42 Fla.L.Weekly D932 (Fla. 1^st DCA 2017).  Trial court erred accepting attorneys representation as evidence when it was not stipulated.

Support:

Wilkerson v. Wilkerson, 42 Fla.L.Weekly (Fla. 5^th DCA 2017).  Trial court did not abuse discretion imputing income to incarcerated parent.  Conflict certified.  Aligned with Fourth DCA (McCall) and conflicts with First DCA (Llames).