Stephens & Stevens Marital & Family Law

Agreements:

Vera v. Toledo, 48 Fla.L.Weekly D476 (Fla. 3^rd DCA 2023).  Trial court erred finding a letter designed to be preliminary negotiations, designed to lead to an agreement, is an offer which is binding upon acceptance.   Judge Ivonne Cuesta, reversed.

Alimony:

Goodman v. Goodman, 48 Fla.L.Weekly D437 (Fla. 6^th DCA 2023).  Third appeal on this case; and third time the trial court failed to make finding of income for retroactive support.  Court also erred finding assets given to wife for equitable distribution should be credited as alimony and included as income.  Judge John S. Carlin, reversed.

Attorney’s Fees:

Martinez v. Martinez, 48 Fla.L.Weekly D500 (Fla. 3^rd DCA 2023).  Trial court erred refusing to hold a contempt hearing because party failed to pay attorney’s fees awarded as a sanction.  Order denying motion for contempt without prejudice, reversed.   Judge Stacy D. Glick, reversed.

Discovery:

Flynn v. Flynn, 48 Fla.L.Weekly D529 (Fla. 2^nd DCA 2023).  Trial court erred denying post-judgment discovery on assets awarded to Husband in an enforcement action, when Husband was not meeting his court-ordered financial obligations.  Writ of certiorari granted.  Judge Allson Ellison’s order quashed.

Due Process:

Rankin v. Lounsbury, 48 Fla.L.Weekly D543 (Fla. 3^rd DCA 2023).  Husband complained Court erred by granting Wife sole decision-making authority over education and non-emergency medical care, when wife requested “shared parental responsibility if appropriate.”  The issue of Husband refusing to cooperate in joint decisions was extensively litigated, and decision is supported by undeniable competent and substantial evidence.  Judge Sharon I. Hamilton, affirmed.

Maddox v. Maddox & Petronex Technologies, LLC v. Maddox, 48 Fla.L.Weekly D441 (Fla. 2^nd DCA 2023).  Trial court violated company’s due process rights by awarding 50% of an oil filtration design concept when business had claim to it, and business was not included in lawsuit until after final judgment entered.  Thus, the business was therefore deprived the opportunity to be heard, to testify and to present testimony. This is fundamental error. Judge Christine A. Marlewski, affirmed in part, reversed in part.

Enforcement:

Thornton v. Thornton, 48 Fla.L.Weekly D625 (Fla. 4^th DCA 2023).  Trial court erred holding party in contempt on issues resolved by parental coordinator.  Judge Jennifer Alcorta Waters, affirmed in part, reversed in part.

Equitable Distribution:

Dunkel v. Dunkel, 48 Fla.L.Weekly D484 (Fla. 3^rd DCA 2023).  Trial court erred charging Husband with full amount of student debt for benefit of parties’ adult child and child from another marriage, when debt was marital liability incurred during the marriage.  Judge Daniel F. Wilensky, affirmed in part, reversed in part.

Grandparent Visitation:

E.L. v. A.L. & I.L., 48 Fla.L.Weekly D490 (Fla. 2^nd DCA 2023). Trial court erred terminating grandparent visitation by finding husband was fit but disregarding unrebutted expert testimony that Father sexually abused the child.  A trial court may reject unrebutted expert testimony when ruling on case, but may not do so arbitrarily and the Court must explain why such rejection is made.   Judge James A. Pierce, reversed. 

Injunctions:

Spencer v. Kelner, 48 Fla.L.Weekly D519 (Fla. 4^th DCA 2023).  Trial court erred proceeding with injunction hearing where respondent was served the day before the hearing.  Florida courts have routinely held that service made to a party only a few days or less before an adversarial hearing on the merits, such notice is not fair and reasonable unless it is an emergency. Judge Stefanie C. Moon’s judgment vacated.

Woods v. Woods, 48 Fla.L.Weekly D436 (Fla. 5^th DCA 2023).  Trial court affirmed for denying request for permanent domestic violence injunction, when court found domestic violence occurred but it was too remote in time to support imminent fear of becoming a victim.  Judge Robert Segal, affirmed.

Modification:

Mannella v. Mannella, 48 Fla.L.Weekly D526 (Fla. 6^th DCA 2023).  Opinion clarified the “heavier burden” to modify child support which was originally agreed to, and was superseded by statute 61.14(7).  Conflict certified with 2^nd, 3^rd and 4^th DCA who are still applying heavier burden.  Judge John C. Carlin, affirmed.

Parenting:

Torres Rios v. Arias, 48 Fla.L.Weekly D422 (Fla. 4^th DCA 2023).  Paternity judgment reversed because provisions in judgment conflicted with provisions in attached parenting plan.  Judgment ordered shared parental responsibility, but failed to allow either party to seek mental health treatment for child pursuant to 61.13(2)(b)(3)(a). Court also prorated expense when petition only asked for base support, and court denied Father’s request to add his name to child’s birth certificate per 382.013(3)(b).  Judge Maxine Chessman, affirmed in part, reversed in part.

Paternity:

Moritz v. Stonecipher, 48 Fla.L.Weekly D576 (Fla. 4^th DCA 2023).  Trial court erred granting Father’s emergency motion to compel Mother to re-enroll child in previous school after mother moved and changed schools, because this was a paternity case and there was not an order entered establishing Father’s parental rights.  Judge James Martz, reversed.

Procedure:

White v. Morris, 48 Fla.L.Weekly D629 (Fla. 1^st DCA 2023).  Party waived right to appeal order from Magistrate’s report when party did not first seek review of report before circuit judge by way of motion to vacate or exceptions.  Judge Brandon J. Young, affirmed.

Stephanos v. Stephanos, 48 Fla.L.Weekly D511 (Fla. 4^th DCA 2023).  Trial court affirmed for not addressing party’s claims of unjust enrichment and breach of contact on remand, when party never obtained a ruling on their claim while matter pending before trial court, rendering such claim being deemed abandoned.  Judge Laura C. Burkhart, affirmed.

Erren v. Marin, 48 Fla.L.Weekly D509 (Fla. 4^th DCA 2023).  Writ of prohibition granted on Judge who denied motion for disqualification, which was legally sufficient.  The fact that Court signed a verbatim ex-parte order, and made findings of fact at a non-evidentiary hearing, was sufficient to create a well-founded fear that Former Wife would not receive fair and impartial adjudication.  Judge Darren Shull, reversed.

Delgado v. Miller, 48 Fla.L.Weekly D405 (Fla. 3^rd DCA 2023).  Writ of prohibition filed after denial of Mother’s 8^th motion for disqualification.  Limited judicial resources demand vigilance in thwarting any potential misuse of disqualification motions for strategic reasons. Standard of review of motion on a motion to disqualify successor judge is abuse of discretion.  Prohibition does not lie unless “the record clearly refutes the successor judge’s decision to deny the motion.”  In this case, motion was based on Court’s finding in 56-page order that Mother’s “writing style is histrionic” and “Mother is directing this litigation.”  A judge’s adverse ruling or factual findings following an evidentiary hearing cannot ordinarily serve as basis for disqualification.  Writ of prohibition denied.

In Re: Amendments to the Florida Supreme Court Approved Forms, 48 Fla.L.Weekly S39 (Fla. 2023).  New forms for grandparent visitation.