Stephens & Stevens Marital & Family Law

Appeals:

Carter v. Meadows, 48 Fla.L.Weekly D1426 (Fla. 1^st DCA 2023).  Petition for writ of certiorari to quash a trial court’s order. While appeal pending, trial court issued a supplemental final judgment, and appellant failed to notify appellate court. Appellate court upset appeal was not dismissed when underlying issue resolved.

Attorney’s Fees:

Ernfridsson v. Ward, 48 Fla.L.Weekly D1343 (Fla. 5^th DCA 2023).  Trial court erred denying fees when analysis limited to finding there was a short-term marriage with limited assets.  Trial court must consider financial resources of parties and must make sufficient findings for appellate review. Judge Jennifer Taylor affirmed in part, reversed in part.

Equitable Distribution:

Crocker v. Crocker, 48 Fla.L.Weekly D1431 (Fla. 5^th DCA 2023).  Trial court erred equitably distributing husband’s pre-age 62 FERS disability retirement benefits.  Benefits were for disability and not subject to equitable distribution.  Judge Angela M. Cox reversed in part.

Naranjo v. Ochoa, 48 Fla.L.Weekly D1317 (Fla. 4^th DCA 2023).  Parties’ decision to invest Wife’s inheritance is not sufficient marital efforts to cause the appreciation to be marital.  Judge Laura Johnson reversed.

Parenting:

Russell v. Williams, 48 Fla.L.Weekly D1396 (Fla. 3^rd DCA 2023).  Trial court affirmed for modifying timesharing and granting former husband majority timesharing when former wife could not provide for the child’s mental health needs.  No transcript and no error on face of judgment.  Judge Ivonne Cuesta affirmed.

Tucker v. Tucker, 48 Fla.L.Weekly D1339 (Fla. 5^th DCA 2023).  Trial court affirmed for awarding supervised timesharing with no concrete steps on how to reestablish.  Trial court also affirmed for awarding sole parental responsibility when there is domestic violence.  Alcohol-related mandates untethered to best interests of the child are abuse of discretion.  Judge Suzanne Bass affirmed in part, reversed in part.

Procedure:

Hyatt v. Zimmerman, 48 Fla.L.Weekly D1424 (Fla. 4^th DCA 2023).  Trial court had jurisdiction to order former wife to dissolve trust and compel her to quitclaim title of marital home to husband’s estate, even though trial court did not have jurisdiction over trustee. Trial court’s in personam jurisdiction alone provides court with authority to determine equitable rights of parties.  Judge Frank Ledee affirmed.

In Re: Amendments to the Florida Rules for Qualified and Court Appointed Parental Coordinators, 48 Fla.L.Weekly S155 (Fla. 2023).  Updated parental coordinator rules.

Protective Injunctions:

Doe v. Days, 48 Fla.L.Weekly D1425 (Fla. 1^st DCA 2023).  Legislation has directed trial courts to set a hearing when a petition for injunction against stalking is filed per Fla. Stat. 784.0485(4).  Trial court reversed for denying stalking petition without a hearing.  Judge Robert K. Groeb reversed.

Relocation:

Ayala v. Vega, 48 Fla.L.Weekly D1392 (Fla. 4^th DCA 2023).  Trial court affirmed for granting Father’s request for relocation and modifying parenting plan so Mother has majority timesharing.  Father’s argument that Mother did not request relief fails when Mother requested majority timesharing in answer, and matter tried by consent.  Judge Mariya Weekes affirmed.

Support:

M.D. v. T.T., 48 Fla.L.Weekly D1439 (Fla. 2^nd DCA 2023).  Trial court erred finding no arrears and failing to enter IWO.  Judge Teri Kaklis Dees reversed.

Harvey v. Hill, 48 Fla.L.Weekly D1338 (Fla. 1^st DCA 2023).  Trial court reversed when finding of income differed from what was on attached child support guidelines.  Judge Scott Duncan reversed.

Temporary Relief:

Miller v. Gordon, 48 Fla.L.Weekly D1333 (Fla. 1^st DCA 2023).  Courts have great discretion determining temporary parenting plan in paternity case.  Judge Joshua M. Hakes affirmed.

Williams v. Williams, 48 Fla.L.Weekly D1331 (Fla. 1^st DCA 2023).  Trial court did not have to make 61.08 alimony findings to support temporary alimony award.  Trial court erred granting unpled interim equitable distribution.  Judge Ronald W. Flury affirmed in part, vacated in part.