Stephens’ Squibs – April 2018

COMING SOON:

pitfalls

APRIL SQUIBS

Attorneys’ Fees:

Greene v. Greene, 43 Fla.L.Weekly D815 (Fla. 1st DCA 2018).  Trial court erred using “inherent authority to award attorneys’ fees to former husband when former wife’s interpretation of a provision was deemed incorrect and unreasonable.  Inherent authority only applies “the equitable conduct doctrine” when a party has acted with egregious conduct or bad faith.  Such an award is reserved for those extreme cases where a party acts in bad faith, vexatiously, wantonly and for oppressive reasons.

Income:

Crespo v. Lebron, 43 Fla.L.Weekly D684 (Fla. 5th DCA 2018).  Trial court cannot rely on husband’s conclusory statement that his income is reduced but must consider competent and substantial evidence, like gross receipts less ordinary business expenses.

Injunctions:

Zarudny v. Zarudny, 43 Fla.L.Weekly D668 (Fla.3rd DCA 2018).  Injunction awarding wife 100% timesharing, sole parental and granted supervised visitation to respondent affirmed even when judgment did not expressly state it was in child’s best interests.

Parenting:

Lewis v. Juliano, 43 Fla.L.Weekly D845 (Fla. 4th DCA 2018).  Modification of timesharing cannot be a sanction for party failing to disclose address.

Procedure:

Ferris v. Winn, 43 Fla.L.Weekly D752 (Fla. 2nd DCA 2018).  Trial court violated former husband’s due process by modifying timesharing when former husband only had 19 hours notice of hearing and there was no emergency.

Russell v. Russell, 43 Fla.L.Weekly D7355 (Fla. 1st DCA 2018).  Trial court erred granting the former wife ultimate decision making over day care and modifying support when issues were not plead not trued by consent.

Support:

Torres v. DOR o/b/o Torres, 43 Fla.L.Weekly D704 (Fla. 4th DCA 2018).  Trial court erred not giving Father $200 credit, the amount he paid, in determining retroactive support.

 

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