Stephens’ Squibs – January 2019

Alimony:

Griffitts v. Griffitts, 44 Fla.L.Weekly D234 (Fla. 5th DCA 2019). Trial Court erred awarding three years of durational alimony, instead of permanent alimony, in long term marriage.

Fox v. Fox, 44 Fla.L.Weekly D27 (Fla. 4th DCA 2018). Fourth DCA recedes from Farghali, and holds motion for rehearing is not necessary to preserve prior error when Trial Court fails to make statutory required findings of fact.  Certifies conflict.

Attorneys’ Fees:

Joyner v. Worley, 44 Fla.L.Weekly D260 (Fla. 1st DCA 2019). Trial Court erred awarding fess without evidentiary hearing where reasonableness can be challenged.

Haskell v. Haskell, 44 Fla.L.Weekly D61 (Fla. 2nd DCA 2018). Appellate Court cannot determine issue of fees when entitlement granted but amount not determined.

Equitable Distribution:

Bolden v. Bolden, 44 Fla.L.Weekly D229 (Fla. 1st DCA 2019). Trial Court made several mathematical errors dividing marital portion of Husband’s retirement.

Vinson v. Junior, 44 Fla.L.Weekly D189 (Fla. 1st DCA 2019). Non-economic compensatory damages for pain, suffering disability, and loss of ability to lead a normal life arising from a Worker’s Comp case is non-marital. Error to convert equalizing payment to alimony if not paid.

Imputation:

Gay v. Gay, 44 Fla.L.Weekly D150 (Fla. 1st DCA 2018). Trial Court erred imputing income to party without first determining if reduction in income was voluntary.

Injunctions:

Dailey v. Roth, 44 Fla.L.Weekly D260 (Fla. 1st DCA 2019). A permanent injunction for protection against repeat violence cannot be used simply to compel civility and common decency; however, it would be helpful if the Circuit Court had the power to enter an Order requiring adults to act like grown-ups.  

Counsil v. Anderson, 44 Fla.L.Weekly D2 (Fla. 1st 2018). Order extending DV injunction ninety (90) days was vacated even after the injunction  expired, as there was no factual basis to enter it in the first place.

Modification:

Inman v. Inman, 44 Fla.L.Weekly D127 (Fla. 2nd DCA 2018). Trial Court properly denied Husband’s request to terminate alimony when ex-wife remarried, when parties’ MSA provided alimony would be paid for rest of Former Wife’s life.

Parenting:

Clarke v. Stofft, 44 Fla.L.Weekly D206 (Fla. 4th DCA 2019). Error to award ultimate decision-making authority, which failed to identify specific areas over which party had ultimate decision-making authority.

Procedure:

Sweet v. Tucker, 44 Fla.L.Weekly D188 (Fla. 1st DCA 2019). Trial Court erred entering order denying motion to dissolve injunction after entering on order recusing himself. Remanded for new hearing.

Oldham v. Greene, 44 Fla.L.Weekly D103 (Fla. 1st DCA 2018). Requiring compulsory psychological evaluation under Fla. Fam. L.R.P.12.360 reversed when mental health not at issue. No findings of good cause.

Llanso v. Cordova, 44 Fla.L.Weekly D21 (Fla. 3rd DCA 2018). Trial Court’s final judgment entered while interlocutory appeal was pending was void. Fla. R. App. Pro.  9.130 (f).

Support:

Julia v. Julia, 44 Fla.L.Weekly D242 (Fla. 4th DCA 2019). Trial Court failed to take mortgage payments in consideration in determining retroactive support.

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