Stephens & Stevens Marital & Family Law

Alimony:

Brutus v. Brutus, 48 Fla.L.Weekly D1030 (Fla. 5^th DCA 2023).  Trial court erred granting alimony of $100 per month for 60 months, when oral pronouncement was to deny alimony.  Judge Brian Welke affirmed in part, dismissed in part.

Hawryluk v. Hawryluk, 48 Fla.L.Weekly D1028 (Fla. 5^th DCA 2023).  Trial court reversed for entering a financial award that exceeds or nearly exhausts party’s income.  Here, court found Husband had a surplus of “at least $6,000.00,” and ordered him to pay $6,350 per month in attorney’s fees and alimony.  Judge Sandra S. Upchurch, affirmed in part, reversed in part.

Bernardo v. Biemer, 48 Fla.L.Weekly D1013 (Fla. 4^th DCA 2023).  Award of bridge-the-gap alimony reversed when wife makes more than husband, no imputation of income to husband, and husband does not have significant non-marital assets.  Award of inequitable conduct fees remanded for trial judge to correlate billing records with inequitable conduct.  Judge Michael C. Heisey, affirmed in part, reversed in part.

Reese v. Reese, 48 Fla.L.Weekly D 993 (Fla. 6^th DCA 2023).  Trial court erred by not making specific findings of need and ability to pay.  Court also erred finding husband’s income was as stated on financial affidavit when he testified he had an additional $5,000 per month in income.  Trial court affirmed for (a) denying continuance request made on day of trial; and (b) allowing husband to make equalizing payment from retirement when no evidence of tax consequences presented.  Judge Kelly Butz affirmed in part, reversed in part.

Appeals:

Williams v. Williams, 48 Fla.L.Weekly D927 (Fla. 5^th DCA 2023).  Order granting motion to stay is not an appealable non-final order per 9.130.  Certiorari is not appropriate, as no irreparable harm.  Appeal dismissed.

Sanz v. Saenz, 48 Fla.L.Weekly D907 (Fla. 3^rd DCA 2023).   Motion for rehearing on non-final order is not authorized and does not toll time for appeal.

Equitable Distribution:

Brutus v. Brutus, 48 Fla.L.Weekly D1030 (Fla. 5^th DCA 2023).  Court erred in using parties’ separation date as the date to classify what is marital.  Court erred not equitably distributing student loans and other loans incurred during intact marriage.  Judge Brian Welke affirmed in part, dismissed in part.

Innocent v. Innocent, 48 Fla.L.Weekly D1019 (Fla. 4^th DCA 2023).  Final judgment that states “Father’s request for $30,000 from mother’s dissipation of marital assets is granted” when court provides no further explanation, does not specify asset dissipated, and conflicts with court’s oral pronouncement.  Judge Natasha DePrimo, reversed.

Injunctions:

Blanco v. Santana, 48 Fla.L.Weekly D1040 (Fla. 6^th DCA 2023).  Trial court did not err when considering facts not in petition, when respondent fails to object.  Judge Elisabeth Adams, affirmed.

Name change:

In Re: Name Change of Y.M.X, 48 Fla.L.Weekly D920 (Fla. 4^th DCA 2023).  Trial court affirmed for denying name change when petition only contains conclusory allegations and does not demonstrate how best interests of child would be served. Trial court erred denying rehearing when attached affidavits demonstrated, in great detail, how changing name would benefit child.  Judge Karen Miller affirmed in part, reversed in part.

Parenting:

Brutus v. Brutus, 48 Fla.L.Weekly D1030 (Fla. 5^th DCA 2023).  Timesharing provision providing “the parents shall alternate one week on and one week off, exchange on Monday, with parent starting visitation starting timesharing by picking up child from school or bus stop, and regular timesharing for entire year (no holiday)” is too general and undetailed.  Court also erred by failing to specify how parents should be responsible for child’s daily tasks, who is responsible for health and education decisions, and the means for the parties to communicate with child.  Judge Brian Welke affirmed in part, dismissed in part.

Mooningham v. Mooningham, 48 Fla.L.Weekly D877 (Fla. 5^th DCA 2023).   Trial court erred modifying final judgment and granting ultimate decision-making authority over child’s education and non-emergency medical without a finding of detriment, and matter not properly noticed as modification at hearing.  Judge Joan Anthony, reversed.

Procedure:

Viera v. Viera, 48 Fla.L.Weekly D853 (Fla. 3^rd DCA 2023).  Trial court affirmed for denying multiple disqualification motions.  Court reversed in part on giving Wife three years to refinance.  Wife filed confession of error.  Court should not grant more than 2 years to try and refinance.   Judges Stacy D. Glick and Christina Marie DiRaimondo affirmed in part, reversed in part.

Relocation:

Davis v. Davis, 48 Fla.L.Weekly D1041 (Fla. 6^th DCA 2023).  Judgment granting modification and relocation reversed and remanded, when no findings that change in circumstances was material or unanticipated.   Judge John S. Carling, reversed and remanded.

Support:

Innocent v. Innocent, 48 Fla.L.Weekly D1019 (Fla. 4^th DCA 2023).  Trial court erred failing to address temporary support and failing to attach guidelines to final judgment.  Judge Natasha DePrimo, reversed.