Family Law Case Updates – August 2019

Squibs edited by Caryn Stevens, Esquire.

Alimony:

Cooper v. Cooper, 44 Fla.L.Weekly D1988 (Fla. 2D DCA 2019). Award of alimony reversed when it appears it was based on husband’s gross income as opposed to net.

Appeals:

Diogo v. Diogo, 44 Fla.L.Weekly D2135 (Fla. 3D DCA 2019). Without transcript available, appellate court cannot meaningfully review findings of fact.

Burch v. Burch, 44 Fla.L.Weekly D2122 (Fla. 1^st DCA 2019). Appeal challenging award of entitlement to attorney’s fees premature when amount is not determined.

McFall v. Welsh, 44 Fla.L.Weekly D2038 (Fla. 5^th DCA 2019). Trial court must rule on pending motion to stay before appellate court does. See Fla. R. App. P. 9.310(f).

Bell v. Bell, 44 Fla.L.Weekly D1943 (Fla. 1^st DCA 2019). Order that does not fully determine the rights or obligations of a party regarding child custody or timesharing is not an appealable final order.

Attorney’s Fees:

In Re: The Marriage of Kirby, 44 Fla.L.Weekly D2080 (Fla. 4^th DCA 2019). Order granting fees entered after death of party, but before substitution of party, was void.

Allen v. Juul, 44 Fla.L.Weekly D2046 (Fla. 2D DCA 2019). Order denying fees reversed when order contained no findings as to parties’ need(s) and ability to pay.

Manko v. Manko, 44 Fla.L.Weekly D1932 (Fla. 5^th DCA 2019). Post-judgment order awarding fees reversed and remanded when court failed to make determination as to need and ability to pay.

Enforcement:

Orban v. Rorrer, 44 Fla.L.Weekly D2091 (Fla. 3D DCA 2019). Order granting contempt reversed when no finding of ability to comply, and no purge provision.

Hart v. Hart, 44 Fla.L.Weekly D1908 (Fla. 3D DCA 2019). Order of contempt reversed and remanded when notice failed to comply with the express requirements of rule 12.615(b).

Equitable Distribution:

Hubbard v. Lynne, 44 Fla.L.Weekly D2104 (Fla. 5^th DCA 2019). Trial court erred including length of parties’ two marriages (they had previously been divorced, then remarried to each other again) in dividing pension when first MSA addressed wife’s entitlement to her share of pension during first marriage.

Injunctions:

Logue v. Book, 44 Fla.L.Weekly D2083 (Fla. 4^th DCA 2019). Threats made through social media do not qualify for an injunction because they are not directly transmitted.

Stefano v. Long, 44 Fla.L.Weekly D2047 (Fla. 2D DCA 2019). Injunction against dating violence reversed. Regardless of whether the petitioner has been a victim of dating violence in the past, the petitioner must show reasonable cause to believe they are in imminent danger of being a victim of dating violence in the future. Calling names and yelling obscenities does not give rise to reasonable cause to believe there is an imminent threat to becoming a victim of dating violence.

Name Change:

Marini v. Kellett, 44 Fla.L.Weekly D2105 (Fla. 5^th DCA 2019). Changing minor child’s surname for the purpose of establishing a good father-son bond, and to confirm to certain traditions, was legally insufficient basis to grant relief.

Parenting:

Marini v. Kellett, 44 Fla.L.Weekly D2105 (Fla. 5^th DCA 2019). It is an abuse of discretion for timesharing schedule to include 2 to 3 dozen planned trips (via airline flights) for minor child. Such frequent flights with the predictable occasional delays are not in the child’s best interest.

Hollonbeck v. Hollonbeck, 44 Fla.L.Weekly D2060 (Fla. 1^st DCA 2019). Judgment granting shared parental responsibility, but giving husband ultimate decision making, was reversed when court did not find shared parental responsibility would be detrimental to child.

Procedure:

Lattanzio v. Hoffman, 44 Fla.L.Weekly D1947 (Fla. 3D DCA 2019). Order striking pleadings and final judgment reversed when notice of hearing was improperly sent to parties’ previous attorney who had withdrawn.

Ripley v. Ripley, 44 Fla.L.Weekly D1934 (Fla. 5^th DCA 2019). Parties’ motion to disqualify untimely when filed 5 months after incident where Judge reprimanded party’s attorney.