Stephens & Stevens Marital & Family Law

Appeals:

Decius v. Decius, 48 Fla.L.Weekly D756 (Fla. 4^th DCA 2023).  Fourth DCA recedes from prior opinions treating pre-judgment contempt orders as appealable final orders.  It is only appealable if sanctions fall within Rule 9.130(a)(3), Florida Rule of Appellate Procedure. Appeal redesignated as petition for writ of certiorari.

Child Support:

Velasco v. Solley, 48 Fla.L.Weekly D701 (Fla. 4^th DCA 2023).  Order of support reversed when Court failed to subtract allowable deductions from gross income.  Judge Laura C. Burkhart, reversed.

J.H.M. v. E.A.G., 48 Fla.L.Weekly D683 (Fla. 2^nd DCA 2023).  Trial court’s child support award reversed because Court failed to make deductions from gross income for mandatory union dues, mandatory retirement contribution, and health insurance expense.  Judge Thomas W. Krug, affirmed in part, reversed in part.

Equitable Distribution:

Bernstein v. Bernstein, 48 Fla.L.Weekly D818 (Fla. 4^th DCA 2023).   Trial court erred classifying premarital residence as marital based on donative intent.  However, improvements or expenditures of marital funds to non-marital assets does not transform property to marital.  Because Husband presented no evidence as to active appreciation, Wife receives ½ of all appreciation.  Judge Scott Ryan Kerner, affirmed in part, reversed in part.

Leger v. Leger, 48 Fla.L.Weekly D761 (Fla. 4^th DCA 2023).  All issues affirmed, but remanded back to court to include provision that equitable distribution must be distributed “in accordance with all federal laws and regulations” because there are radio stations that need to be transferred under FCC regulations.  Judge Karen Miller, affirmed.

Income:

Holland v. Holland, 48 Fla.L.Weekly D712 (Fla. 5^th DCA 2023).  Trial court erred imputing amount of income to Wife which she never earned before, and excluding wife’s medical expert on Daubert grounds when grounds did not support exclusion. Wife’s forensic accountant properly excluded as witness when accountant had no final opinions two weeks before trial.  Judge Daniel F. Wilensky, affirmed in part, reversed in part.

Injunctions:

Klein v. Manville, 48 Fla.L.Weekly D715 (Fla. 6^th DCA 2023).  Permanent stalking injunction affirmed, when respondent created social media accounts and web domains registered respondent’s name, and then tried to sell it back.  Court also affirmed for requiring respondent to complete batterers intervention program.  Judge Kyle S. Cohen, affirmed.

Larios v. Larios, 48 Fla.L.Weekly D688 (Fla. 3^rd DCA 2023).  Court erred failing to dissolve indefinite domestic violence injunction, when injunction was entered in 2004 and no longer served a valid purpose, as there was no evidence former wife was in imminent fear.  Judge Carlos H. Gamez, reversed.

Partition:

Blew v. Blew, 48 Fla.L.Weekly D653 (Fla. 4^th DCA 2023).  Trial court erred partitioning marital residence before final judgment.  While parties are married, property is owned as tenants in the entireties, and cannot be partitioned.  Judge Brett M. Waronicki, reversed.

Procedure:

Fulcher v. Allen, 48 Fla.L.Weekly D836 (Fla. 6^th DCA 2023).  Trial court erred modifying custody at a case management conference where relief was not noticed.  Judge John S. Carlin, reversed.

Tucker v. Tucker, 48 Fla.L.Weekly D822 (Fla. 4^th DCA 2023).  Final judgment is confusing and inconsistent.  Alimony remanded as it appears court awarded $9,630 in alimony, when Husband’s income was $15,464, and no findings of exceptional circumstances that would justify award.  Also, judgment says parties are to split proceeds equally, but attached distribution schedule gives proceeds to one party.  Judge Maxine Cheesman, affirmed in part, reversed in part.

In Re: Amendments to the Rule of Civil Procedure 1.530 & Florida Family Law Rule of Procedure 12.530, 48 Fla.L.Weekly S69 (Fla. 2023).  Clarifies motion for rehearing is required to preserve objection of insufficient findings of fact in a final judgment.

Rosen v. Rosen, 48 Fla.L.Weekly D760 (Fla. 4^th DCA 2023).  Trial court reversed for significantly rewriting parties’ settlement agreement.  Judge James Martz, reversed.

Waite v. Milo-Waite, 48 Fla.L.Weekly D702 (Fla. 4^th DCA 2023).  Trial court erred making findings that conflicted with parties’ pretrial stipulation and partial settlement agreement.  Also, court erred when trying the issue of whether Husband concealed his income, when the parties’ pretrial stipulation listed the only issue for determination was the wife’s income.  Judge Renatha Francis, reversed.

Dussan v. Zoghbi, 48 Fla.L.Weekly D686 (Fla. 3^rd DCA 2023).  Under the circumstances of this case, the trial court erred in denial of continuance and exclusion of all of wife’s exhibits.  Judge Ivonne Cuesta, reversed.

Supportive Relationship:

Proveaux v. Proveaux, 48 Fla.L.Weekly D657 (Fla. 1^st DCA 2023).  Trial court erred finding a supportive relationship does not exist, when former wife was in a romantic relationship for 10 years, former wife purchased property with this romantic partner, and they shared household expenses and obligations.  Judge Melissa G. Olin, reversed.