Family Law Case Updates – March 2022

Appeals:

Moore v. Moore, 334 So.3d 382 (Fla. 5^th DCA 2022). Garnishee cannot appeal denial of head of household status without transcript. Judge John D.W. Beamer, affirmed.

Alimony:

Whyte v. Whyte, 337 So.3d 18 (Fla. 4^th DCA 2022). Trial court erred awarding durational alimony for twelve (12) years when marriage was just shy of twelve years. Judge Victoria L. Griffin, affirmed in part, reversed in part.

Fabrizio v. Fabrizio, 334 So.3d 711 (Fla. 2^nd DCA 2022). Trial court erred granting $1.00/year nominal permanent alimony without findings of fact. Judge Peter Ramsberger, affirmed in part, reversed in part.

Ogle v. Ogle, 334 So.3d 669 (Fla. 1^st DCA 2022). Trial court erred awarding alimony without determining exact need and parties’ income. Becoming rehabilitated is not purpose of bridge the gap alimony. Remanded back to court for better findings. Judge Jeffrey E. Lewis, reversed and remanded.

Child Support:

Seith v. Seith, 337 So.3d 21 (Fla. 4^th DCA 2022). Trial court erred using wrong number of overnights in calculation, getting pro rata on collateral expenses wrong, and failing to enter an IWO. Judge Michael J. McNicholas, affirmed in part, reversed in part.

Enforcement:

Bentrim v. Bentrim, 335 So.3d 706 (Fla. 4^th DCA 2022). Former wife could not be held in contempt for violating order saying all communications would be confidential. Order did not clearly and precisely ban former wife from requesting records. Judge Renatha Francis, affirmed in part, reversed in part.

Langsetmo v. Metza, 335 So.3d 708 (Fla. 4^th DCA 2022). Trial court erred failing to award statutory interest from date of loss when spouse failed to make an equalizing payment. Judge Steven Levin, affirmed in part, reversed in part.

Alcalde v. Alcalde, 340 So.3d 529 (Fla. 3^rd DCA 2022). Trial court erred ruling former wife waived her right to collect child support. You don’t waive your right to support. Laches could apply, but you need an evidentiary hearing. Judge Scott M. Bernstein, reversed.

Equitable Distribution:

Briggs v. Briggs, 336 So.3d 1286 (Fla. 1^st DCA 2022). Trial court erred using date of filing to value depleted account when there was no waste. Judge Timothy R. Collins, affirmed in part, reversed in part.

Income:

Graham v. Graham, 339 So.3d 433 (Fla. 5^th DCA 2022). Court erred double dipping husband’s income. Judge Michael Kraynick, affirmed in part, reversed in part.

Kennedy v. Kennedy, 330 So.3d 922 (Fla. 4^th DCA 2022). Trial court erred by imputing minimum wage to wife when husband did not request imputation and issue not otherwise before the court. Judge Karen M. Miller, affirmed in part, reversed in part.

Injunctions:

Garcia v. Soto, 337 So.3d 355 (Fla. 4^th DCA 2022). Stalking injunction reversed because there was not a series of incidents that would support entry. Strong dissent because supplemental petition, which was not objected to by respondent’s trial attorney, listed additional incidents, and per Tipsy Coachman rule, if a trial court reaches the right result for wrong reason, it still should be upheld. Judge Renatha Francis, reversed.

Alcon v. Collins, 334 So.3d 717 (Fla. 1^st DCA 2022). Long distance, platonic relationship was not sufficient to establish standing (i.e. family or household member). Judge Terrance R. Ketchel, reversed.

Modification:

Daniello v. Settle, 336 So.3d 1224 (Fla. 4^th DCA 2022). Trial court erred granting modification when mother had 4 years of sobriety post final-judgment as this would be a life improvement, not a basis for modification. Judge Dina Keever-Agrama, reversed in part, affirmed in part.

Parenting:

Levy v. Donnenfeld, 338 So.3d 395 (Fla. 3^rd DCA 2022). Trial court did not err granting sole decision making when matter tried by consent. Judge Scott M. Bernstein, affirmed.

Hernandez v. Hernandez, 335 So.3d 141 (Fla. 4^th DCA 2022). Trial court affirmed for denying relocation when it was used in an attempt to relocate child instead of parent relocating. Court erred by modifying summer timesharing when relief was not pled. Judge Maxine Cheesman, affirmed in part, reversed in part.

T.A. v. A.S., 335 So.3d 208 (Fla. 2^nd DCA 2022). Trial court erred issuing parenting plan where timesharing gradually increased based upon completion of certain events and without judicial involvement. Judge Jennifer X. Gabbard, affirmed in part, reversed in part.

Seith v. Seith, 337 So.3d 21 (Fla. 4^th DCA 2022). Trial court affirmed for adjusting timesharing because one parent moved almost 50 miles away. Distinguished from Halbert, which involved modification of custody. Judge Michael J. McNicholas, affirmed in part, reversed in part.

Procedure:

Fletcher v. McCulloch, 333 So.3d 1143 (Fla. 4^th DCA 2022). Trial court erred summarily denying exceptions without a hearing. Judge Susan Alspector, reversed and remanded.

Sahmoud v. Marwan, 338 So.3d 29 (Fla. 3^rd DCA 2022). Writ of certiorari denied when court granted motion to compel and required party to produce passport. Judge David H. Young, petition denied.Network Comm of N.W. Florida v. DOR, 334 So.3d 707 (Fla. 1^st DCA 2022). Right of privacy and protecting financial information applies to individuals, not businesses. Petition Denied

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Eddie Stephens (Author), a sixth generation Floridian, is a partner in Stephens & Stevens, PLLC. Eddie is a Board Certified Family Law Attorney who specializes in high-conflict matrimonial law. He has earned the AV® Preeminent™ Peer Review Rating by MartindaleHubbell, a professional rating indicating the highest ethical standards and professional ability.

 
With 25 years of litigation experience, Eddie specializes in high-conflict, high-asset divorce cases. Eddie focuses on helping clients with domestic legal issues such as property division, business valuation, child support and spousal support, child custody and visitation, post-judgment modifications, child relocation, same sex marriages, and both prenuptial and postnuptial agreements.

As a divorced father of two children, Eddie knows first hand what’s at stake when counseling his clients. Eddie currently serves on the Board of Directors for the Center for Child Counseling, Inc. and Board of Governors of Leadership Palm Beach County.

Eddie is a past recipient of the Family Law Section Alberto Romero Making a Difference Award (2017), the Leadership Palm Beach County Leadership Excellence Award (2018) and most recently, the Families First of Palm Beach 2019 Harriet Goldstein Awardee (2019).

In addition to practicing family law, Eddie is an author, lecturer, and community leader who supports a number of local civic and charitable organizations. His hobbies include Jiu Jitsu, cooking, yoga, and spending time with his family. Eddie is happily married to Jacquie and has two children, Christopher and Matthew, and they all call Palm Beach, Florida home.

Caryn A. Stevens (Editor) is a Partner at the law firm of Stephens & Stevens, PLLC in West Palm Beach, where she focuses her practice exclusively in the areas of marital and family law. Prior to practicing law, Caryn spent over 12 years working in the mental health and counseling fields, as a mental health counselor in private practice, as a counselor for the Department of Children & Families, and later as an Elementary School Guidance Counselor. Caryn is a graduate of Florida State University, where she earned her Bachelors degree in Psychology, and her Masters and Specialist Degrees in Counseling & Human Services. Caryn received her Juris Doctorate from Nova Southeastern University, and received pro bono honors for her volunteer legal work.

In her prior work as a mental health counselor, Caryn had the unique opportunity to assist thousands of children, families and couples through difficult life circumstances, which allows her to bring a unique and compassionate perspective to the clients she represents. Caryn is a passionate advocate for her clients, and a skilled litigator in the courtroom.

In 2021, Caryn was honored with the prestigious Alberto Romero Making a Difference Award from the Family Law Section of the Florida Bar, recognizing her outstanding pro bono services and significant volunteer community activities that improve the lives of Florida’s children and families. Caryn is currently the President of the Susan Greenberg Family Law Inn of Court of the Palm Beaches, is a graduate of the Leadership Palm Beach County Class of 2019, and currently serves on the Board of Directors of Herizon (formerly The Jewish Women’s Foundation of the Greater Palm Beaches). Caryn has also served as mentor with the Women of Tomorrow Program for the past four years, mentoring at-risk high school women to live up to their full potential.

Caryn is a native South Floridian, and currently lives in Palm Beach County with her Husband, David, and their adorable Mini Aussie, Emma. She is a passionate fan of the Florida State Seminoles, and in her spare time loves going to the theater and traveling the world.

Gina Szapucki (Associate Editor) concentrates her practice exclusively in the areas of marital family law. Gina quickly realized she had a passion for helping families while clerking for a family law firm. Her passionate drive to assist and guide families, both efficiently and effectively, during challenging times continues to grow. Gina represents clients from all walks of life while zealously advocating for individual’s rights under Florida law. Gina is originally from New Jersey but has called Florida home for the last 15 years. She is a proud Chi Omega Alumni and in her spare time enjoys traveling, cycling, exploring new restaurants and cuisines, and spending time with family.