Family Law Case Updates – April 2022

Agreements:

Parbeen v. Bari, 47 Fla.L.Weekly D641 (Fla. 4th DCA 2022). Trial court erred determining wife who signed a “Mahr,” an Islamic religious document, that could have secular provisions was only entitled to “15,00,000 (Fifteen Lac) Taka only.” In the instant case, the Mahr did not unambiguously express a desire to waive equitable distribution or temporary support. Judge Dennis D. Bailey, reversed.

Alimony:

Rea-Manna v. Manna, 47 Fla.L.Weekly D709 (Fla. 1st DCA 2022). Trial court erred awarding 8 years of durational alimony instead of permanent alimony in a long-term marriage, without any explanation of how wife’s ongoing need for support will expire after eight years. Judge Elijah Smiley, affirmed in part, reversed in part.

Appeals:

Figueroa v. Kossiver, 47 Fla.L.Weekly D829 (Fla. 5th DCA 2022). Pro se litigant lost ability to challenge issues of fact by failing to seek exceptions to general magistrate’s report. If no exceptions are filed, circuit court does not need a hearing to enter an order on report. An appellate court is not simply another forum to which the dissatisfied litigant may submit his or her list of grievances in hopes of a more favorable outcome. It is not a question of whether the appellate court agrees or disagrees with the result, but whether that result was reached in a fair manner and was within jurisdiction and authority of agency whose opinion is being appealed. Judge Jeffrey Mahl, affirmed.

Doukas v. Doukas, 47 Fla.L.Weekly D667 (Fla. 1st DCA 2022). Motion for rehearing not authorized on non-final order and therefore does not toll time to file appeal. Here, appeal that was filed within 30 days of order denying rehearing was untimely, because it was filed more than 30 days after the issuance of the underlying order subject to appeal. Appeal dismissed.

Equitable Distribution:

Orth v. Orth, 47 Fla.L.Weekly D775 (Fla. 3rd DCA 2022). The trial court averaging the cost of a smoker’s premium v. a non-smoker’s premium for life insurance was an unauthorized modification to an MSA. Under the terms of the MSA, husband was responsible for rate increase. Judge Marcia Del Rey, affirmed in part, reversed in part.

Padmore v. Padmore, 47 Fla.L.Weekly D690 (Fla. 2nd DCA 2022). Trial court erred finding 2018 tax refund was marital when divorce was filed in 2017. Judge Denise Pomponio, affirmed in part, reversed in part.

Income:

Sadlak v. Trujillo, 47 Fla.L.Weekly D855 (Fla. 3rd DCA 2022). Trial court’s amount of imputation reversed when there was no competent evidence wife was qualified to work as “CAM” (community association manager) beyond having a license, and no evidence of prevailing wages in community. Judge George A. Sarduy, affirmed in part, reversed in part.

Injunctions:

Brooks v. Basdeo, 47 Fla.L.Weekly D786 (Fla. 5th DCA 2022). Trial court deprived respondent by taking evidence and relying on an unpled incident as part of granting injunction. Statute provides “sworn petition must allege the existence of domestic violence and must include the specific facts and circumstances upon the basis for which relief is sought.” Judge Heather Pinder Rodriguez, reversed.

Klement v. Kofsman o/b/o A.K., a child, 47 Fla.L.Weekly D745 (Fla. 4th DCA 2022). Because the first judge had previously considered the allegations litigated in the second hearing, and had previously found each one of them insufficient to constitute qualifying acts of harassment/stalking, the successor judge was barred by res judicata from reconsidering those allegations as qualifying incidents at the second hearing. Judge Debra Moses Stephens, reversed.

Rollins v. Rollins, 47 Fla.L.Weekly D673 (Fla. 5th DCA 2022). Trial court affirmed for denying injunction for protection against sexual violence even through the court found both parties “credible,” but still found petitioner did not prove case by preponderance of the evidence.  Lengthy discussion on difference between burden of proof at trial and burden of proof to overturn court’s discretionary judgment. Judge Barbara J. Leach, affirmed.

Labrake v. Labrake, 47 Fla.L.Weekly D664 (Fla. 1st DCA 2022). Trial court erred denying motion to dissolve injunction when movant demonstrated that the scenario underlying the injunction no longer exists, so that the continuation of the injunction would serve no valid purpose. Judge John F. Simon, reversed.

Life Insurance:

Murphy v. Murphy, 47 Fla.L.Weekly D668 (Fla. 1st DCA 2022). Trial court erred awarding life insurance to secure alimony when court found no special circumstances that warrant security. Judge Mary Polson, affirmed in part, reversed in part.

Modifications:

Ceballos v. Barreto, 47 Fla.L.Weekly D874 (Fla. 4th DCA 2022). Order modifying timesharing at enforcement hearing went way beyond relief requested in motion and notice for hearing. Judge Karen Miller, affirmed in part, reversed in part.

Oyebanji v. Collier, 47 Fla.L.Weekly D815 (Fla. 1st DCA 2022). Trial court reversed for not imputing income to former husband after denying former husband’s petition to modify support because he left his job voluntarily. Dissent which this action agrees with argues that because former husband left job voluntarily, no reason to impute. Judge Maureen Horkan, reversed.

Name Change:

In Re: The Name Change of Sheikera Williams, 47 Fla.L.Weekly D700 (Fla. 4th DCA 2022). Even with no transcript, trial court erred denying facially sufficient petition for adult name change without providing a factual basis to do so. Judge Frank D. Ledee, reversed.

Parenting:

Schneer v. Llaurado, 47 Fla.L.Weekly D660 (Fla. 3rd DCA 2022). Trial court affirmed for temporarily placing the minor child with maternal uncle and ordering supervised timesharing for both parents. No transcript. Appellate court noted all findings were predicated on best interest of the child, and nothing on the record contradicted this. Judge Jason E. Dimitris, affirmed.

Paternity:

Nelson v. Mirra, 47 Fla.L.Weekly D689 (Fla. 5th DCA 2022). Trial court erred denying Mother’s emergency motion for pick up, when paternity established but no order on custody. Father’s paternity alone does not grant him child custody. Judge Joshua A. Mize, reversed.

Procedure:

Payne v. Koch, 47 Fla.L.Weekly D892 (Fla. 5th DCA 2022). Petition for certiorari granted in part, when court ordered child to attend behavior therapy as a result of a pick-up order when that relief was not requested in the motion.  Injury could not be fixed on appeal and because relief was not requested, the trial court departed from essential requirements of the law. Judge Susan Stacy’s order, quashed in part.

Polo v. Hernandez, 47 Fla.L.Weekly D801 (Fla. 3rd DCA 2022). Trial court reversed for not having hearing on party’s timely-filed motion for exceptions to magistrate’s report. Judge Marcia Del Rey, reversed.

Dike v. Dike, 47 Fla.L.Weekly D783 (Fla. 1st DCA 2022). Pro se appellant seeks review of six non-final orders. All of them dismissed and appellate court cautions pro se litigant of future sanctions and prohibition from future pro se filings. Dismissed.

Orth v. Orth, 47 Fla.L.Weekly D775 (Fla. 3rd DCA 2022). Appellant, who is an attorney, attempted to argue MSA was unenforceable where court did not incorporate MSA or retain jurisdiction to enforce. There was a provision in MSA that parties agreed to continuing jurisdiction of the court. This was incorporation by reference. Appellant’s argument rejected in this case. Judge Marcia Del Rey, affirmed in part, reversed in part.

In Re: Amendments to Fla. Fam. Law of Procedure 12.350, 47 Fla.L.Weekly S105 (Fla. 2022). Rule tweak on production of things and entry of land. Allows third-party defendant(s) to propound.

In Re: Amendments to Fla. Fam. Law of Procedure 12.911(a – e), 47 Fla.L.Weekly S96 (Fla. 2022). Revises forms to clarify minor children cannot be subpoenaed to appear in court without a prior court order.

In Re: Amendments to Fla. Fam. Law of Procedure 12.490 and 12.491 and Forms 12.920(a – e), 47 Fla.L.Weekly S94 (Fla. 2022). Amends rules and forms in accordance with recent rule changes. Now referred to as a Motion to Vacate instead of exceptions to a report.

Support:

Dorvilien v. Verty, 47 Fla.L.Weekly D707 (Fla. 4th DCA 2022). Trial court correctly calculated child support, but erred by failing to attach guidelines to the judgment. Remanded back to the court to attach child support guidelines worksheet to judgment. Judge Renatha Francis, affirmed in part, reversed in part.

Temporary Relief:

Shaw v. Shaw, 47 Fla.L.Weekly D810 (Fla. 4th DCA 2022). Trial court erred by failing to calculate alimony and child support separately. Thus, the trial court’s award of undifferentiated support was erroneous. Judge James L. Martz, reversed in part, affirmed in part.

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 )

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

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: