Stephens’ Squibs – October 2019

Check out Eddie’s NEW article “INVINCIBLE”

Invincible Page 1

OCTOBER SQUIBS

Edited by Caryn Stevens, Esquire

Agreements:

Romaine v. Romaine, 44 Fla.L.Weekly D2565 (Fla. 5th DCA 2019).  Trial court erred by finding Wife’s changes to marital settlement agreement did not change original agreement, and created an enforceable agreement.  A marital settlement agreement is subject to the laws of contract.  It is well-established that an acceptance must be a “mirror image” of the offer in all material respects.  Otherwise it is a counter offer which rejects original offer.

Alimony:

Weininger v. Weininger, 44 Fla.L.Weekly D2502 (Fla. 5th DCA 2019).  No error denying alimony to Wife in long term marriage where she had significant income from trust, received significant assets in property division and was able-bodied, educated and capable of working, while Husband had to retire.

Appeals:

Knowlton v. Knowlton, 44 Fla.L.Weekly D2441 (Fla.1st DCA 2019).  Party did not preserve error that modifying court imposed support amount had lighter burden then support set by agreement.  Acknowledges 2nd, 4th and 5th DCA no longer recognize separate burdens.

Attorneys’ Fees:

Solomon v. Solomon, 44 Fla.L.Weekly D2494 (Fla. 3rd DCA 2019). Attorney fee award affirmed when exercise of discretion was not “arbitrary, fanciful or unreasonable.”

Enforcement:

Robinson v. Robinson, 44 Fla.L.Weekly D2484 (Fla. 5th DCA 2019). Provision in contempt order that Husband must bring current all medical bills for which he received documentation was too impractical to enforce.

Equitable Distribution:

Weininger v. Weininger, 44 Fla.L.Weekly D2502 (Fla. 5th DCA 2019).  No error refusing to charge account depleted by Husband on payment of federal income taxes, his attorneys’ fees and furniture for his new house.

Injunctions:

Khan v. Deutschman, 44 Fla.L.Weekly D2523 (Fla. 1st DCA 2019).  Dating injunction affirmed after Respondent continued to pursue ex-girlfriend after she made it clear relationship was off, blocked him from her cell phone and social media, and had attorney send cease and desist letter.

Schultz v. Moore, 44 Fla.L.Weekly D2434 (Fla. 5th DCA 2019).  Communications sent after breakup that did not threaten personal injury or violence was insufficient to form basis for injunction against dating violence.

Auguste v. Aguado, 44 Fla.L.Weekly D2419 (Fla. 3rd DCA 2019).  Stalking inunction affirmed when ex-nanny impersonated family in order to cancel their vacation, and sent a number of texts with profanity and emails discussing death.

Reid v. Saunders, 44 Fla.L.Weekly D2416 (Fla.1st DCA 2019).  Stalking injunction between husband’s wife and husband’s baby momma reversed.  Although Respondent’s communication were unpleasant and uncivil, Respondent had a legitimate purpose, and her actions did not rise to severe emotional distress.

Procedure:

Hess v. Hess, 44 Fla.L.Weekly D2518 (Fla. 2nd DCA 2019).  Trial court erred denying Former Wife hearing on newly-discovered evidence, when former husband failed to disclose his VA disability benefit income.

Reno v. Reno, 44 Fla.L.Weekly D2474 (Fla. 1st DCA 2019).  Order requiring compulsory mental health examination quashed when mental health was not “at issue,” and no evidence demonstrating alleged mental illness places child at risk of abuse, abandonment or neglect.

Foreman v James, 44 Fla.L.Weekly D2473 (Fla. 3rd DCA 2019).  Trial court ordering at a status conference the Husband and daughter should attend a 4-day retreat to address parental alienation was not a modification to a timesharing agreement that required due process safeguards.

Temporary Relief:

Meldrum v. Bergamo-Meldrum, 44 Fla.L.Weekly D2470 (Fla. 4th DCA 2019).  Trial court erred issuing temporary relief order based on Husband’s gross income.  Accordingly, appellate Court cannot determine if award exhausts husband’s income.  Remanded for further proceedings.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s