Family Law Case Updates – March 2022

Appeals:

Moore v. Moore, 47 Fla. L. Weekly D518 (Fla. 5th DCA 2022). Garnishee cannot appeal denial of head of household status without transcript. Judge John D.W. Beamer, affirmed.

Alimony:

Whyte v. Whyte, 47 Fla. L. Weekly D525 (Fla. 4th 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, 47 Fla. L. Weekly D515 (Fla. 2nd 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, 47 Fla. L. Weekly D507 (Fla. 1st 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, 47 Fla. L. Weekly D526 (Fla. 4th 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, 47 Fla. L. Weekly D602 (Fla. 4th 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, 47 Fla. L. Weekly D600 (Fla. 4th 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, 47 Fla. L. Weekly D593 (Fla. 3rd 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, 47 Fla. L. Weekly D933 (Fla. 1st 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, 47 Fla. L. Weekly D939 (Fla. 5th DCA 2022). Court erred double dipping husband’s income. Judge Michael Kraynick, affirmed in part, reversed in part.

Kennedy v. Kennedy, 47 Fla. L. Weekly D937 (Fla. 4th 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, 47 Fla. L. Weekly D923 (Fla. 4th 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, 47 Fla. L. Weekly D565 (Fla. 1st 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, 47 Fla. L. Weekly D528 (Fla. 4th 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, 47 Fla. L. Weekly D910 (Fla. 3rd DCA 2022). Trial court did not err granting sole decision making when matter tried by consent. Judge Scott M. Bernstein, affirmed.

Hernandez v. Hernandez, 47 Fla. L. Weekly D601 (Fla. 4th 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., 47 Fla. L. Weekly D569 (Fla. 2nd 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, 47 Fla. L. Weekly D526 (Fla. 4th 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, 47 Fla. L. Weekly D597 (Fla. 4th DCA 2022). Trial court erred summarily denying exceptions without a hearing. Judge Susan Alspector, reversed and remanded.

Sahmoud v. Marwan, 47 Fla. L. Weekly D592 (Fla. 3rd 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, 47 Fla. L. Weekly D511 (Fla. 1st DCA 2022). Right of privacy and protecting financial information applies to individuals, not businesses. Denied.

2 thoughts on “Family Law Case Updates – March 2022

Add yours

  1. I appreciate receiving you fame law case updates each month.  Thank you for doing this! Quick question:  what is the status of the “alimony reform” legislation passed by the Florida Senate? Thank you Jean Westin Collaborative Attorney Gainesville, Fl

    1. We are waiting for it to be sent to Governor. Once it is, the Gov has 14 days to veto or it becomes law. I do not understand or appreciate the delay in sending it to him….. politics!

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