Family Law Case Updates – March 2019

Alimony:

Gilliland v. Gilliland, 44 Fla.L.Weekly D720 (Fla. 5^th DCA 2019). When dissolution judgment gives no guidance as to why permanent periodic alimony is inappropriate in a long-term marriage and why durational alimony is awarded, reversal is proper.

Frerking v. Stacy, 44 Fla.L.Weekly D717 (Fla. 5^th DCA 2019). Trial court erred in awarding wife of 18-year marriage, 6 years of durational alimony as opposed to permanent without addressing presumption of permanent alimony in long term marriage. Court also erred imputing income to wife as if she was full time teacher when she did not possess a teacher’s certificate and, therefore, was not qualified for such a position.

Appeals:

Perez v. Dwyer, 44 Fla.L.Weekly D587 (Fla. 3d DCA 2019). Can’t appeal an Order suspending timesharing when no transcript provided.

Williams v. Kerr, 44 Fla.L.Weekly D532 (Fla. 3d DCA 2019). Appeal challenged award of charging lien despite allegations of collusion, but without a transcript. Appellate Court can only address errors on face of judgment.

Attorney Fees:

Gilliland v. Gilliland, 44 Fla.L.Weekly D720 (Fla. 5^th DCA 2019). Error to award wife half of her fees without discussion of needs or ability.

Laux v. Laux, 44 Fla.L.Weekly D635 (Fla. 4^th DCA 2019). Provision in MSA that each party is responsible for their own attorney’s fees does not waive right to seek fees in future enforcement actions.

Enforcement:

Seaman v. Seaman, 44 Fla.L.Weekly D795 (Fla. 2d DCA 2019). Trial court erred not categorizing portion of wife’s FRS as marital asset. While she initiated work after date of filing, she had previously worked for state.

Akre-Deschamps v. Smith, 44 Fla.L.Weekly D756 (Fla. 2d DCA 2019). Trial court erred finding mother in contempt when daughter refused to return with her father. Judgment did not anticipate this occurrence and mother did not clearly violate any provision of Final Judgment.

Equitable Distribution:

Welton v. Welton, 44 Fla.L.Weekly D636 (Fla. 4^th DCA 2019). Trial court erred charging retirement account (including taxes & early without penalty) depleted during pendency to husband without findings of waste. Court also erred to adjudicate issues on personal property when they were presented.

 

Injunctions:

Trice v. Trice, 44 Fla.L.Weekly D754 (Fla. 2d DCA 2019). Trial Court erred denying a motion to dissolve a Domestic Violence injunction based on the circumstances underlying injunction changing so injunction serves no valid purpose when:

• Respondent acquitted of criminal charges arising from events that supported injunction.
• Parties’ marriage has been dissolved.
• Respondent moved to another State.
• Petitioner living in the United States when Respondent was living in Japan.
• Respondent no longer in military.
• Parties had not seen each other in six years.
• Respondent made no attempt to contact Petitioner in six years.

Campanhac v. Lauramore, 44 Fla.L.Weekly D663 (Fla. 5^th DCA 2019). Stalking injunction reversed because each incident of stalking was not supported by competent, substantial evidence.

McCaffrey v. Ashley, 44 Fla.L.Weekly D548 (Fla. 5^th DCA 2019). Court cannot dismiss injunction that seems legally sufficient without explanation.

Parenting:

Lightsey v. Davis, 44 Fla.L.Weekly D628 (Fla. 4^th DCA 2019). No transcript but trial court erred on face of judgment by ordering unsupervised timesharing without steps on how to obtain it back and delegating the decision of what timesharing a parent would have to the other parent.

Procedure:

Carlton v. Zanazzi, 44 Fla.L.Weekly D640 (Fla. 2d DCA 2019). Fact that case was refiled under case number where party previously filed Notice of Voluntary dismissal did not render Final Judgment based on subsequently filed petition void.

Rodriguez v. Rodriguez, 44 Fla.L.Weekly D64 (Fla. 5^th DCA 2019). Alimony IWO should designate when alimony ends so employer knows when to stop deducting.

Knapp v. Knapp, 44 Fla.L.Weekly D599 (Fla. 1^st DCA 2019). Venue appropriate when wife never alleged current county was not the last county where the intact marriage was last evidenced by a continuing union of parties who intended to remain married indefinitely, if not permanently.

Phillips v. Phillips, 44 Fla.L.Weekly D494 (Fla. 2d DCA 2019). Order quashing discovery against non-parties reversed by Certiorari because they were relevant to establish husband’s income.

Relocation:

Pearce v. Boudreaux, 44 Fla.L.Weekly D605 (Fla. 3d DCA 2019). Trial court had to have an evidentiary hearing on petition to relocate when response was timely filed but landed verification and recitation of facts.

Allende v. Veloz, 44 Fla.L.Weekly D540 (Fla. 3d DCA 2019). Order granting relocation reversed when Court placed burden on non-relocating parent to demonstrate why it wasn’t in child’s best interest.

Support:

Mattison v. Mattison, 44 Fla.L.Weekly D665 (Fla. 5^th DCA 2019). Trial court erred basing support on husband’s gross receipts without deducting business expenses and erred basing retroactive support on husband’s previous income when he was involuntarily unemployed for two months during that period.