Family Law Case Updates – September 2022

Appeals:

Edwards v. Alphonse, 47 Fla.L.Weekly D1804 (Fla. 4th 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, 47 Fla.L.Weekly D1854 (Fla. 4th DCA 2022). Court reversed for awarding fees without providing party the opportunity to challenge entitlement. This was parties’ 26th appeal stemming from underlying dissolution action. Judge Fabienne E. Fahnestock, reversed and remanded.

Rich v. Rich, 47 Fla.L.Weekly D1799 (Fla. 2nd 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, 47 Fla.L.Weekly D1825 (Fla. 1st 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, 47 Fla.L.Weekly D1800 (Fla. 4th 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, 47 Fla.L.Weekly D1773 (Fla. 2nd 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. 3rd 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. 5th 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, 47 Fla.L.Weekly D1778 (Fla. 3rd 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: Steven Aubrey, 47 Fla.L.Weekly D1776 (Fla. 4th 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. 4th 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, 47 Fla.L.Weekly D1926 (Fla. 4th 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, 47 Fla.L.Weekly D1915 (Fla. 2nd 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. 4th 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. 5th 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. 3rd 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. 3rd 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, 47 Fla.L.Weekly D1827 (Fla. 2nd 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.

One thought on “Family Law Case Updates – September 2022

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  1. The Marchman unfortunately couldn’t stop this scenario: 6:22-CV-1886-CEM-LHP, MD of FL, Orlando (currently the largest mental-health harm-related case in U.S. history) (occasionally transcribed)

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