Stephens & Stevens Marital & Family Law

Agreements:

Duchateau v. Duchateau, 48 Fla.L.Weekly D1120 (Fla. 5^th DCA 2023).  Rule 9.130(a)(3)(c)(ix) permits the appeal of a nonfinal order that determines “that as a matter of law, a settlement is unenforceable, is set aside, or never existed.”
For an order to be reviewed as a non-final order it must include the language “as a matter of law.”

Alimony:

Huete v. Huete-Sierra, 48 Fla.L.Weekly D1064 (Fla. 4^th DCA 2023).  Order that is facially inconsistent with respect to how much party must pay in retroactive support, how much must be paid in retroactive child support, and whether party is required to pay alimony, must be remanded for the trial court to clear up the inconsistencies in its ruling.  Judge Maxine Cheesman affirmed in part, reversed in part.

Appeals:

Boggs v. DOR, 48 Fla.L.Weekly D1088 (Fla. 6^th DCA 2023).  A party cannot challenge an administrative order that has no error on the face of the order, without a transcript.

Attorney Fees:

Gable v. Gable, 48 Fla.L.Weekly D1146 (Fla. 1^st DCA 2023).  In awarding attorney’s fees, the trial court must make specific findings as to hourly rate, hours expended and appropriateness of reduction or enhancement factors.  Judge William L. Wright reversed.

Equitable Distribution:

Gayer v. Nicita, 48 Fla.L.Weekly D1220 (Fla. 6^th DCA 2023).  Trial court reversed because (1) tax credit given to Wife not supported by record, (2) court failed to distribute SBA loan incurred during intact marriage in equitable distribution, (3) court failed to distribute Chase card liability in equitable distribution, and (4) inconsistencies between equitable distribution spreadsheet and written final judgment.  Judge Lisa S. Porter affirmed in part, reversed in part.

Pukin v. Pukin, 48 Fla.L.Weekly D1203 (Fla. 6^th DCA 2023).  Trial court erred failing to classify $11,500 loan from parents incurred during marriage as a marital liability.  There was no rebuttal but for a snarky comment.  Judge John S. Carlin affirmed in part, reversed in part.

Franxman v. Franxman, 48 Fla.L.Weekly D1186 (Fla. 1^st DCA 2023).  Trial court erred when it found $2000 worth of AT&T stock was non-marital, when the only evidence in record was stock which was acquired during the parties’ marriage and therefore presumed marital.  Judge Jeffrey E. Lewis affirmed in part, reversed in part.

Beauchamp v. Beauchamp, 48 Fla.L.Weekly D1160 (Fla. 6^th DCA 2023).  Trial court erred when it found wife’s cash assets totaled $78,000, when that amount included proceeds from sale of a boat.  Alimony and denial of attorney’s fees affirmed.  Judge Amy R. Hawthorne affirmed in part, reversed in part.

Douglas v. Douglas, 48 Fla.L.Weekly D1134 (Fla. 4^th DCA 2023).  Trial court erred by failing to make findings on the record or in writing as to why it found certain properties to be marital or non-marital.  Error is clear where nothing in record indicates why the trial court classified the 5 real properties as marital.  Judge Karen M. Miller affirmed in part, reversed in part.

Winrow v. Heider, 48 Fla.L.Weekly D1066 (Fla. 4^th DCA 2023).  Trial court erred classifying HELOC as marital when parties signed prenuptial agreement that provided the property could be encumbered or disposed of, and was that party’s non-marital property. Judge Laura C. Burkhart, affirmed in part, reversed in part.

Imputation of Income:

Allison v. Allison, 48 Fla.L.Weekly D1227 (Fla. 6^th DCA 2023).  Trial court improperly placed the burden of imputation on wrong party.  Burden should be with party asserting underemployment and seeking imputation.  Judge G. Gregory Green reversed.

Injunctions:

Kaye v. Wilson, 48 Fla.L.Weekly D1265 (Fla. 2^nd DCA 2023).  Trial court erred extending domestic violence injunction based on allegations of stalking, when no evidence of substantial emotional distress offered or that petitioner had reasonable fear of imminent domestic violence. Judge Hunter W. Carroll reversed.

Pipher v. Pipher, 48 Fla.L.Weekly D1087 (Fla. 6^th DCA 2023).  Trial court affirmed for determining credibility of witness.  It is well-established that the appellate court does not re-weigh the evidence nor credibility of a witness.  Judge Amy Hawthorne affirmed.

Modification:

Vuchinich v. Vuchinich, 48 Fla.L.Weekly D1077 (Fla. 2^nd DCA 2023).  Trial court erred denying alimony modification without resolving factual issue of former husband’s income at time alimony was set.  Judge Kimberly Carlton Bonner affirmed in part, reversed in part. 

Name Change:

Franxman v. Franxman, 48 Fla.L.Weekly D1186 (Fla. 1^st DCA 2023).  Matter remanded back to trial court to address petitioner’s request for restoration of her maiden name. Fla. Sta. 68.07(1) & (9) provides family courts with jurisdiction to change the name of any person, and normal restrictions do not apply in dissolution cases.  Judge Jeffrey E. Lewis affirmed in part, reversed in part.

Parenting:

Pukin v. Pukin, 48 Fla.L.Weekly D1203 (Fla. 6^th DCA 2023).  The parenting plan remanded back, when it failed to contain a provision that either party may consent to mental health treatment of a child per 61.13(2)(B)(3)(A) when shared parenting is order.  Judge John S. Carlin affirmed in part, reversed in part.

Procedure:

Pyrinova v. Doyle & Pyrinova, 48 Fla.L.Weekly D1250 (Fla. 4^th DCA 2023).  Trial court reversed for enjoining funds in a paternity matter with no bond or explanation why injunction is being entered.   Judge Natasha DePrimo reversed.

King v. King, 48 Fla.L.Weekly D1240 (Fla. 4^th DCA 2023).  Trial court reversed when it signed proposed order verbatim, including grammatical and spelling errors and conflicting paragraphs.  Judge Renatha S. Francis reversed.

Eadie v. Gillis, 48 Fla.L.Weekly D1207 (Fla. 5^th DCA 2023).  Party’s argument that make-up time that was awarded, but was not requested in pleadings, fails when other party requested compensatory timesharing and matter was tried by consent.  Judge Brian Welke affirmed.

Wisheart v. Wisheart, 48 Fla.L.Weekly 1120 (Fla. 5^th DCA 2023).  Trial court always has inherent jurisdiction to enforce a previously entered order, even if court does not reserve jurisdiction to enforce.  Judge Kathryn M. Speicher affirmed in part, reversed in part.

Valcarcel v. Valcarcel, 48 Fla.L.Weekly D1103 (Fla. 4^th DCA 2023). Trial court erred denying motion to vacate magistrate’s report without a hearing.  Judge Francis Viamontes reversed.

Domnin v. Domnina, 48 Fla.L.Weekly D1060 (Fla. 4^th DCA 2023).  Trial court erred denying motion to disqualify when Court did not afford party opportunity to present their case at temporary relief.  Writ of prohibition granted against Judge Michael Davis.

Relocation:

Pun v. Pun, 48 Fla.L.Weekly D1187 (Fla. 1^st DCA 2023).  Order denying relocation affirmed when review of record reveals no evidence that the trial court applied a presumption in favor or against relocation.  Judge Joshua M. Hawkes affirmed.

Support:

Parker v. Parker, 48 Fla.L.Weekly D1204 (Fla. 6^th DCA 2023).  Trial court erred awarding support arrears when same not requested in pleadings nor tried by consent.  Judge John S. Carlin affirmed in part, reversed in part.