Family Law Case Updates – June 2022

Alimony:

Adams v. Adams, 47 Fla.L.Weekly D1259 (Fla. 2nd DCA 2022). Normally, undistributed pass-through income is not included for purposes of determining alimony. If disputed, the party who receives pass-through income has the burden to demonstrate income was properly retained for corporate purposes, and not just impermissibly retained to avoid alimony. Judge Dana Y. Moore, affirmed in part, reversed in part.

Olguin v. Olguin, 47 Fla.L.Weekly D1133 (Fla. 2nd DCA 2022). Trial court failed to make adequate findings as to wife’s needs for alimony, which prevented meaningful appellate review. Judge Lisa S. Porter, affirmed in part, reversed in part.

Appeals:

Frownfelter v. Frownfelter, 47 Fla.L.Weekly D1241 (Fla. 4th DCA 2022). Judgment that awards entitlement but not amount of attorney’s fees is not ripe for review. Judge Karen M. Miller, affirmed, appeal of fees dismissed.

Attorney’s Fees:

Adams v. Adams, 47 Fla.L.Weekly D1259 (Fla. 2nd DCA 2022). Order awarding fees without any findings of ability or need shall be reversed. Judge Dana Y. Moore, affirmed in part, reversed in part.

Hasson v. Hasson, 47 Fla.L.Weekly D1148 (Fla. 4th DCA 2022). Trial court’s award of temporary fees reversed when wife presented no evidence of need, and there was no substantial competent evidence to support husband’s ability. Reversible error occurs when the court orders a party to pay fees without any evidence tha party has the ability to pay in the time frame ordered. Judge Susan F. Greenhawt, reversed.

Nizahon v. Nizahon, 47 Fla.L.Weekly D1148 (Fla. 4th DCA 2022). Order that requires a party to pay attorney’s fees in eight (8) installments, without any factual basis, remanded for prior findings. Judge Michael Rothschild, affirmed in part, reversed in part.

Enforcement:

Antunes v. De Oliveira, 47 Fla.L.Weekly D1220 (Fla. 3rd DCA 2022). Provision that if a party did not provide seven (7) days notice of international travel they would pay a $10,000.00 sanction is enforceable, but provision that provides no more international travel is not enforceable as it was not in minor child’s best interest. Judge Maria Elena Verde, affirmed in part, reversed in part.

Injunctions:

Werner v. Werner, 47 Fla.L.Weekly D1319 (Fla. 2nd DCA 2022). Domestic violence injunction reversed when evidence was insufficient to establish reasonable fear of imminent violence. Judge Lisa S. Porter, reversed.

Lentino v. McKinney, 47 Fla.L.Weekly D1202 (Fla. 5th DCA 2022). Dating violence injunction reversed. Entry was based on two instances. First instance was not included in the petition. Second instance was a phone call that was insufficient to establish imminent danger of another act of dating violence. Judge Steven C. Henderson, reversed.

Modification:

Rodolph v. Rodolph, 47 Fla.L.Weekly D1330 (Fla. 4th DCA 2022). Replaces Opinion at 47 Fla.L.Weekly D9222 – Trial court erred treating former husband’s discretionary withdrawals from his retirement account as income for purposes of determining ability to pay. Post-judgment enforcement orders entered during pendency also reversed. Judges Lester Langer & Nickolaus Hunter Davis, reversed.

Mahle v. Mahle, 47 Fla.L.Weekly D1140 (Fla. 4th DCA 2022). Trial court affirmed for declining to impute social security benefits husband was eligible for, but has not elected to receive yet. Judge Jessica Ticktin, affirmed.

Parenting:

Oddo v. Oddo, 47 Fla.L.Weekly D1200 (Fla. 5th DCA 2022). Trial court erred modifying timesharing when the matter was not noticed, and for ordering a psychological evaluation when mental state is not at issue. Judge Susan Stacy, affirmed in part, reversed in part.

Procedure:

Webking v. Webking, 47 Fla.L.Weekly D1346 (Fla. 1st DCA 2022). Trial court erred entering an order when a stay was granted by the appellate court, and already in place. Writ of Prohibition to quash challenged order, granted.

Brooks v. Brooks, 47 Fla.L.Weekly D1222 (Fla. 3rd DCA 2022). Court affirmed for dismissing 12.540 motion filed within 1-year of judgment, but was not brought to a hearing for 16 years. Judge David Young, affirmed.

In Re: Amendments to the Florida Family law of Procedure 12.351, 47 Fla.L.Weekly S159 (Fla. 2022). Changes time from providing notice of intent to serve subpoena for production of things/documents (i.e. notice of production from non-party)
without deposition from 15 days to 10 days. Any objection still must be filed within the 10 days.

Olguin v. Olguin, 47 Fla.L.Weekly D1133 (Fla. 2nd DCA 2022). Trial court erred granting ore tenus motion for summary judgment before close of petitioner’s case. Motion for summary judgment is a pre-trial motion. Party could seek motion for involuntary dismissal (akin to directed verdict) but not until the end of petitioner’s case. Judge Lisa S. Porter, affirmed in part, reversed in part.

Support:

McDaniel v. McDaniel, 47 Fla.L.Weekly D1317 (Fla. 2nd DCA 2022). Trial court erred using wrong amount for husband’s income and including reimbursements that did not reduce his cost of living. Judge Wesley D. Tibbals, affirmed in part, reversed in part.

One thought on “Family Law Case Updates – June 2022

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  1. Thank You Eddie. Is your dog part basset hound? Precious. Eddie I know that my case was supposed to be 2 days that lasted about 3 hours. Are you suggesting I have a case? I truly have never been so disgusted with how corrupt our justice system is. All parties involved forgot that we are all God’s children. That being said I am sure justice will eventually happen. God does not lie! Remember I have no money. Thank you for thinking of me. Joan

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