Stephens & Stevens Marital & Family Law

Agreements:

Robertson v. Hochstatter, 48 Fla.L.Weekly D1508 (Fla. 4^th DCA 2023).  Trial court affirmed for interpreting provision regarding interest on payment.  Judge Laura Johnson affirmed, but remanded.

Attorneys’ Fees:

Nasef v. Eddy, 48 Fla.L.Weekly D1467 (Fla. 4^th DCA 2023).  Order awarding attorneys’ fees that does not address whether hours expended were reasonable is reversible error.  Trial court also erred finding father in contempt when that relief was not requested.  Judges Luis Delgado and Melanie Dale Surber affirmed in part reversed in part.

Goulding v. Goulding, 48 Fla.L.Weekly D1448 (Fla. 2^nd DCA 2023).  Fee order reversed.  Attorneys’ fees may be awarded as a sanction but the order must address contemnor’s ability to pay.   As for appellate fees awarded, order must comment on other party’s need.  Other errors include Perlow issue.  Judge Elizabeth Jack reversed.

Equitable Distribution:

Prince v. Honore, 48 Fla.L.Weekly D1566 (Fla. 4^th DCA 2023).  Trial court erred when it valued marital home 3 years after date of filing, when Court found date of filing was appropriate to use for valuation date.  Judge Maxine Chessman affirmed in part, reversed in part.

Rivera v. Rivera, 48 Fla.L.Weekly D1505 (Fla. 3^rd DCA 2023).  Trial court erred finding proceeds from sale of a non-marital property sold during pendency of divorce became marital.  Judge Stacy D. Glick affirmed in part, reversed in part.

Procedure:

Hason v. Hason, 48 Fla.L.Weekly D1665 (Fla. 2^nd DCA 2023).  Interesting discussion of the Court’s inherent authority.  Judge Frederick L. Pollack reluctantly affirmed.

King v. Giardina, 48 Fla.L.Weekly D1647 (Fla. 1^st DCA 2023).  Appellant sought review of temporary injunction but failed to present a transcript.  Judge Mark E. Feagle affirmed.

Hakim v. Hakim, 48 Fla.L.Weekly D1620 (Fla. 3^rd DCA 2023).  Writ of certiorari on order allowing discovery of mental health records denied when objecting party repeatedly and specifically placed his mental and physical health at issue when seeking relief from the Court.  Judge Abby Cynamon’s order undisturbed.

In Re: Amendments to Florida Supreme Court Approved Family Law Form 12.915, 48 Fla.L.Weekly S157 (Fla. 2023).  Designation of current mail and email address form amended to reflect email is required from the non-represented unless excused by court.

Stephens v. Stephens, 48 Fla.L.Weekly D1530 (Fla. 1^st DCA 2023).  Trial court erred denying motion for relief from judgment for excusable neglect when matter was set for a day when trial attorney emailed he had a conflict, then caught pneumonia, then missed trial.  Judge Timothy Register’s order vacated, and remanded.

Chamberlain v. Degner, 48 Fla.L.Weekly D1525 (Fla. 1^st DCA 2023).  Trial court abused discretion granting relief from judgment, when party was not properly served with order setting trial and court awarded relief beyond what was requested.  Because party had actual knowledge of trial and chose not to participate, due process was not violated.  Further, former wife’s petition alleged facts that encompassed granting sole parental responsibility.  Judge Susanne Wilson Bullard reversed. 

Gay v. Gay and Mann, 48 Fla.L.Weekly D1479 (Fla. 5^th DCA 2023).  Trial court erred denying motion for protection on wife’s new husband’s finances.  Certiorari review requires 1) trial court departing from essential requirements of the law, 2) petitioner will suffer material injury, and 3) no adequate remedy.  Seeking new spouse’s financial info meets all three.  Writ of certiorari granted, Judge Lester Bass’s order quashed.

Protective Injunction:

In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12,980(n), 12.980(q), and 12.980(t), 48 Fla.L.Weekly DS157 (Fla. 2023).  Adds Greyson’s Law factor to domestic violence injunctions.  Court must consider whether the respondent has engaged in a pattern of abusive or threatening purpose that demonstrates continuing purpose.

Malone v. Malone, 48 Fla.L.Weekly D1587 (Fla. 1^st DCA 2023).  Making false claims of abuse against military officer is not sufficient to support stalking injunction.  Petitioner was not in imminent danger of being a victim of domestic violence.  Although injunction had expired, appeal is not moot.  Appellate courts routinely consider appeals from expired domestic violence injunctions due to the collateral consequences that can flow therefrom.  Judge John T. Brown reversed.

Support:

T.T.L. v. F.A.L., 48 Fla.L.Weekly D1445 (Fla. 2^nd DCA 2023).  Trial court erred deviating from support guidelines by 50%.  Good fortune casewhen Father avoided discovery, his pleadings were stricken, and he did not participate in the final hearing.  Father’s choice not to participate in child’s life not sufficient to support deviation.  When one party is millionaire, need for child support extends beyond basic necessities.  Judge Wesley D. Tibbals reversed.