Family Law Case Updates – September 2022

Appeals:

Edwards v. Alphonse, 345 So.3d 326 (Fla. 4^th DCA 2022). When there are issues of fact the appellant asks the reviewing court to draw conclusions about the evidence, without a trial transcript the appellate court could not properly resolve underlying factual issues without knowing the factual context, nor can the appellate court reasonably conclude that the trial court so misconceived the law as to require reversal. Judge Frank Ledee, affirmed.

Attorney’s Fees:

Singer v. Singer, 347 So.3d 364 (Fla. 4^th DCA 2022). Court reversed for awarding fees without providing party the opportunity to challenge entitlement. This was parties’ 26^th appeal stemming from underlying dissolution action. Judge Fabienne E. Fahnestock, reversed and remanded.

Rich v. Rich, 346 So.3d 1266 (Fla. 2^nd DCA 2022). Continuation of “dumpster documents” case. Here, order of attorney’s fees based on inequitable conduct reversed when underlying judgment containing findings of inequitable conduct also reversed. Judge Christopher LaBruzzo, reversed.

Injunctions:

Stevens v. Hudson, 345 So.3d 977 (Fla. 1^st DCA 2022). Asking spouse to take 5 steps back during a heated conversation is not enough to support entry of domestic violence injunction. Judge W. Collins Cooper, reversed and remanded to vacate injunction.

Rosaly v. Konecny, 346 So.3d 630 (Fla. 4^th DCA 2022). The use of a drone can contribute to causing a person substantial emotional distress under section 784.048(1)(a). However, court cannot address custody of children in stalking injunction. Judge Dale Cohen, affirmed in part, reversed in part.

Green v. Bordiuk, 344 So.2d 630 (Fla. 2^nd DCA 2022). Trial court erred failing to dissolve domestic violence injunction when scenario underlying injunction no longer exists, so the continuation of the injunction serves no valid purpose. Judge John S. Carlin, reversed and remanded to dissolve injunction.

Modification:

Logreira v. Logreira, 47 Fla.L.Weekly D1936 (Fla. 3^rd DCA 2022). Trial court erred modifying parenting plan to include compulsory participation in Family Bridges program for parental alienation, without any evidence the program is in the children’s best interests. Judge Marcia del Rey, reversed.

O’Brien v. O’Brien, 47 Fla.L.Weekly D1831 (Fla. 5^th DCA 2022). Trial court failed to enforce arrearages accrued prior to petition for modification being filed. Judge Christopher S. Ferebee, reversed in part, affirmed in part.

Miedes v. Ideses, 346 So.3d 686 (Fla. 3^rd DCA 2022). No error with judgment granting modification of parenting plan and child support with detailed 34-page judgment containing explicit findings, supported by competent evidence. Judge Ivonne Cuesta, affirmed.

Name Change:

In Re: Aubrey, 344 So.3d 486 (Fla. 4^th DCA 2022). Trial court erred denying facially-sufficient petition for name change without a reason. Judge William Haury, Jr., reversed.

Parenting:

Hialt v. Mathieu, 47 Fla.L.Weekly D1776 (Fla. 4^th DCA 2022). Court abused discretion by imposing on the parties, particularly the Mother, the enormous financial cost of the travel expenses of international travel without consideration of how parties can pay for such travel. Judge Renatha S. Francis, affirmed in part, reversed in part.

Procedure:

Johansson v. Johansson, 348 So.3d 1153 (Fla. 4^th DCA 2022). When a trial court’s written order is inconsistent with its earlier oral pronouncement, the oral pronouncement generally controls and the written order should be reversed. Judge Frank Ledee, affirmed in part, reversed in part.

Athienitis v. Makris,346 So.3d 732 (Fla. 2^nd DCA 2022). Trial court violated parties’ due process by adjudicating issues not presented in the pleadings, nor noticed to the parties, nor tried by consent. Judge Kelly A. Ayers, affirmed in part, reversed in part.

Carlson v. Frengut, 47 Fla.L.Weekly D1900 (Fla. 4^th DCA 2022). Income Withholding Order is required upon order establishing, enforcing or modifying alimony and child support, and should include provision for arrears. Judge George Odom, remanded for further proceedings.

In Re: Amendments to Florida Law Rule of Procedure 12.200, 47 Fla.L.Weekly S241 (Fla. 2022). Removes requirement that all case management and pretrial conferences to be uniform.

Fetchick v. Fetchick, 47 Fla.L.Weekly D1794 (Fla. 5^th DCA 2022). Trial court erred ruling on contempt fees after modification judgment entered. Normally, when a trial court renders a final judgment in an action, its jurisdiction is terminated. However, in this case, contempt motion had nothing to do with modification. Judge Susan Stacy, reversed.

Kraus v. Kraus, 47 Fla.L.Weekly D1778 (Fla. 3^rd DCA 2022). The trial court was permitted to consider former husband’s medical condition and loss of income even though it was not plead, because the former wife did not object to the evidence and thus the matter was tried by consent. Judge Luis Garcia, affirmed.

Relocation:

White v. Lee-Yuk, 47 Fla.L.Weekly D1928 (Fla. 3^rd DCA 2022). Putative natural father has standing to object to relocation in tri-custodial parenting arrangements. Judge Samantha Ruiz Cohen, affirmed.

Support:

Shenoi v. Shenoi, 345 So.3d 982 (Fla. 2^nd DCA 2022). Award of retroactive support remanded when court did not take into consideration amounts paid for the child by the husband during the retroactive period. Judge Cynthia J. Newton, reversed in part, affirmed in part.

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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.