Family Law Case Updates – July 2018

Attorneys’ Fees:

D’Anna v. Ackerman, 43 Fla.L.Weekly D1579 (Fla. 4^th DCA 2018).  Family division is proper forum to adjudicate attorneys’ charging lien.

Mahoney v. Mahoney, 43 Fla.L.Weekly D1555 (Fla. 1^st DCA 2018).  Trial court erred awarding attorneys’ fees when no evidence on fees presented.

Child Support:

M.M. v. J.H., 43 Fla.L.Weekly D1541 (Fla. 2^nd DCA 2018).  Order of support that lacked findings as to parties’ incomes remanded.

Discovery:

Elkins v. Elkins, 43 Fla.L.Weekly D1617 (Fla. 4^th DCA 2018).  Order allowing broad financial discovery quashed when only issue pending was whether party made good faith effort to refinance property.

Enforcement:

Lane v. Lane, 43 Fla.L.Weekly D1582 (Fla. 3^rd DCA 2018).  Trial court affirmed for resolving impasse regarding school.  Having child tested for private school without the other parent’s knowledge does not violate shared parental responsibility.

Williams v. William, 43 Fla.L.Weekly D1575 (Fla. 4^th DCA 2018).  Trial court erred denying motion to enforce former wife to make good faith effort to refinance home based upon settlement agreement.  Trial court erroneously concluded it did not have the power to enforce equitable distribution.  When equitable distribution requires performance of act, and not the payment of money, court can enforce provision through contempt.

Moody v. Moody, 43 Fla.L.Weekly D1489 (Fla. 1^st DCA 2018).  Trial court can decline to enforce past due child support obligation when obligor proves the child support recipient no longer supports the child.

Equitable Distribution:

Lovelass v Hutchinson, 43 Fla.L.Weekly D1476 (Fla. 4^th DCA 2018).  Discussion of dividing pensions by “deferred distribution method” or “immediate offset method”.  Unequal distribution does not need to be pled.

• Injunctions:     

Mitchell v. Taylor, 43 Fla.L.Weekly D1613 (Fla. 1^st DCA 2018).  Text messages to petitioner asking to get in touch with her husband did not constitute stalking.

Gonzalez v. Baez, 43 Fla.L.Weekly D1588 (Fla. 3^rd DCA 2018).  Trial court did not err basing entry of domestic violence injunction on facts not contained in original petition when evidence was not objected to at hearing.

Paulson v. Bankart, 43 Fla.L.Weekly D1575 (Fla. 4^th DCA 2018).  Being creepy does not constitute stalking.

Tash v. Rogers, 43 Fla.L.Weekly D1550 (Fla. 1^st DCA 2018). Saying to a person “you are messed up because of your parents” and muttering under breath “I’m going to kill you and you parents” with no apparent ability to do so, does not constitute as violent acts.

Sager v. Holgren, 43 Fla.L.Weekly D1494 (Fla. 1^st DCA 2018).  Award of 57.105 fees not permissible under 741.30, domestic violence injunction statute.

Modification:

Lamancusa v. DOR, 43 Fla. L. Weekly D1494 (Fla. 1^st DCA 2018).  Florida courts do have subject matter jurisdiction to modify duration of New York judgment domesticated in Florida.

Procedure:

Duryea v. Bono, 43 Fla.L.Weekly D1607 (Fla. 2^nd DCA 2018).  Trial Court lacked jurisdiction to enter substantive amendment to final judgment after time for appeal expired.

Demming v. Demming, 43 Fla.L.Weekly D1551 (Fla. 1^st DCA 2018).  Trial court did not have jurisdiction to enter amended final judgment after time for appeal of original final judgment expired.  Appeals seeking review of amended final judgment dismissed as untimely.  Original final judgment remains in legal effect.

Porvaznik v. Porvaznik, 43 Fla.L.Weekly D1540 (Fla. 2^nd DCA 2018).  Trial court violated petitioner’s due process when granting motion to dissolve injunction when hearing on motion was rescheduled to another day.

Lovelass v Hutchinson, 43 Fla.L.Weekly D1476 (Fla. 4^th DCA 2018).  Trial court erred denying motion to reopen case when Husband failed to disclose accrued leave and sick time on financial affidavit.