Stephens & Stevens Marital & Family Law

Appeals:

Obermark v. Obermark, 48 Fla.L.Weekly D1891 (Fla. 5^th DCA 2023).  Order that says it is a final order and dismisses complaint without prejudice is a non-final order not subject to an interim appeal.

Boksa v. Hogan, 48 Fla.L.Weekly D1823 (Fla. 3^rd DCA 2023).  Appeal dismissed after numerous show cause orders and initial brief was devoid of record citations and legal authority for the second time.

Stivelman v. Stivelman, 48 Fla.L.Weekly D1738 (Fla. 3^rd DCA 2023).  Trial court lacked jurisdiction to quantify credits when underlying order was under appeal.  Judge Ivonne Cuesta’s order on setoffs vacated.

Vakulovska v. Vakulovskyi, 48 Fla.L.Weekly D1700 (Fla. 3^rd DCA 2023).  Untimely motion to amend pleadings does not toll time for appeal. Appeal dismissed.

Attorneys’ Fees:

Ali v. Khan, 48 Fla.L.Weekly D1762 (Fla. 6^th DCA 2023).  Error to award attorney fees based on conclusion it would be unjust to require former wife to pay her attorney’s fees without discussion of parties’ finances.  Judge Diana M. Tennis affirmed in part, reversed in part.

Polo v. Hernandez, 48 Fla.L.Weekly D1739 (Fla. 3^rd DCA 2023).  Trial court’s award of attorneys’ fees affirmed.  However, finding that fees were in nature of support and non-dischargeable in bankruptcy court was premature.  This is something bankruptcy court will decide applying federal law. Judge Ivonne Cuesta affirmed and remanded.

Mollerstrom v. Zambrana, 48 Fla.L.Weekly D1728 (Fla. 4^th DCA 2023).  Trial court erred denying a post-dismissal request for costs per Fla. Fam. LRP 12.420(c), declaring it as untimely.  Even if request was under F.S. 61.16, it was still not untimely.  Judge Thomas J. Coleman reversed.

Enforcement:

Bauerle v. Bauerle, 48 Fla.L.Weekly D1713 (Fla. 5^th DCA 2023).  Because parties agreed in MSA that marina property would be transferred to family trust, former wife was barred by res judicata from seeking interest in marina property later.  Former husband could not conceal a bankruptcy order as it is a public document accessible by the parties or their attorney.  Judge Sandra C. Upchurch reversed.

Estates:

Holley v. Erwin-Jenkins, 48 Fla.L.Weekly D1681 (Fla. 2^nd DCA 2023).  Former wife filed claim for unpaid support against former husband’s estate.  Estate sought affirmative defense of laches as former wife waited over a decade to enforce.  Mere delay in filing is not sufficient to establish laches.  Further, former husband had unclean hands.  Trial court reversed for finding laches prevented enforcement.  Judge Keith Meyer reversed.

Grandparents:

Green v. Farmer, 48 Fla.L.Weekly D1737 (Fla. 4^th DCA 2023).  Trial court erred granting temporary custody to extended family member when 1) grandparent was not caring for minor child when petition was filed; and 2) no consent of parent existed.  See F.S. 751.02(1)(a)-(b).  Judge Laurie E. Buchanan reversed.

Modification:

Allaire v. Allaire, 48 Fla.L.Weekly D1845 (Fla. 2^nd DCA 2023).  Fact that former husband would be financially devasted if he lost his only client was foreseeable, but it was not contemplated in the parties’ settlement agreement.  Court erred denying modification.  Judge Joshua Riba reversed.

Harrington v. Kemp, 48 Fla.L.Weekly D1707 (Fla. 2^nd DCA 2023).  Trial court erred denying modification based on change in party’s income based on finding former husband is willing to pay and historically has met child’s needs.  Judge Denise A. Pomponio reversed.

Mango v. Mango, 48 Fla.L.Weekly D1760 (Fla. 5^th DCA 2023).  Trial court is not required to make 61.08 alimony factors in determining modification of alimony.  Judge James H. Earp affirmed.

Parenting:

Quiceno v. Bedier, 48 Fla.L.Weekly D1702 (Fla. 3^rd DCA 2023).  Trial court erred granting timesharing and parental responsibility to a party who is not a biological or adoptive parent, and no finding of parental unfitness or substantial risk of demonstrated harm to the child.  Judge Stacy D. Glick reversed.

Procedure:

Gatchell v. Kryvosheia, 48 Fla.L.Weekly D1759 (Fla. 5^th DCA 2023). You cannot appeal an order adopting magistrate’s report ithout seeking to vacate order first per Fla. Fam. LRP 12.490(e)(3). Judge Jennifer Opel Taylor affirmed.

In Re: Amendments to Florida Family Law Rules of Procedure, 48 Fla.L.Weekly S169 (Fla. 2023).  Amends Fla. Fam. LRP 12.070(f) to make time for service applicable to supplemental pleadings, clarifies you only have to redact financial documents filed with the clerk, clarifies requirements for serving answers to interrogatories.

In Re: Amendments to Family Law Rules of Procedure 12.285 and Forms 12.902(k) and 12.902(f), 48 Fla.L.Weekly S167 (Fla. 2023).  New form; joint verified waiver of filing financial affidavit.

Temporary Relief:

Stuart v. Lapete, 48 Fla.L.Weekly D1826 (Fla. 1^st DCA 2023).  Trial court reversed for awarding two-week rotating timesharing schedule for an infant, when Wife was not on notice that would even be considered.  Finding that two-week rotating schedule was in infant’s best interest was not supported by the record.  Judge Barbara K. Hobbs reversed.