Stephens & Stevens Marital & Family Law

Alimony:

Schmidt v. Schmidt, 48 Fla.L.Weekly D1975 (Fla. 5^th DCA 2023).  Law is clear that reasonable and necessary living expenses should be deducted from net income to determine ability to pay.  Here court awarded alimony that exceeded party’s ability.  Trial court also erred considering income of husband’s live-in girlfriend.  Court also erred inequitably distributing parties’ assets and liabilities.  Judge Stasia Warren reversed.

Appeals:

Saenz v. Sanchez, 48 Fla.L.Weekly D2009 (Fla. 3^rd DCA 2023).  Writ of certiorari  sought, but court treated it as writ of mandamus. Court erred concluding it had no jurisdiction to appoint attorney ad litem for child while appeal pending.  In the absence of a stay, during the pendency of review of a non-final order, the lower tribunal may proceed with all matters including trial or final hearing.  The only exception is the court cannot render final judgment.

Howard v. Howard, 48 Fla.L.Weekly D1926 (Fla. 1^st DCA 2023).  Appeal of a contempt order becomes moot after party purges.  There are no residual effects of a civil contempt order, as the order achieved its purpose.  Judge Gary L. Bergosh.

Attorney’s Fees:

Bratsch v. Bratsch, 48 Fla.L.Weekly D2093 (Fla. 5^th DCA 2023).  Trial court erred denying Wife’s request for attorney’s fees because she borrowed substantial sums for her parents without a promissory note, but showed evidence she was paying them back and no other evidence contradicted this notion.  Judge Robert Segal affirmed in part, reversed in part.

Equitable Distribution:

Strickland v. Strickland, 48 Fla.L.Weekly D1999 (Fla. 1^st DCA 2023).  Trial court erred finding marital appreciation in non-marital building, where there was no evidence that debt paydown on mortgage came from marital funds.  Judge Lacey Powell Clark affirmed in part, reversed in part.

Injunctions:

Potts v. Lewis¸48 Fla.L.Weekly D2060 (Fla. 2^nd DCA 2023).  Respondent sending petitioner and other acquaintances texts regarding his belief petitioner was acting as an unlicensed general contractor and should repent did not constitute substantial emotional distress.  Judge Doneene Loar reversed.

Garrison v. Williamson, 48 Fla.L.Weekly D2038 (Fla. 5^th DCA 2023).  Trial court reversed for entering injunction after respondent was served just one day before hearing, and sought a continuance which was denied.  Parties in an injunction proceeding have full due process rights.  To be fair, notice must be of such nature as to reasonably convey the required information and it must afford a reasonable time for those interested to make an appearance.  Judge Michelle T. Morley reversed.

Sheermohamed v. Tozzi, 48 Fla.L.Weekly D2034 (Fla. 4^th DCA 2023).  Trial court erred dissolving injunction when no change of circumstances was demonstrated, and trial court relied on a biased psychiatrist.  Judge William W. Haury, Jr. reversed.

Jurisdiction:

Litsch v. Litsch, 48 Fla.L.Weekly D2003 (Fla. 5^th DCA 2023).  Florida court erred ceding jurisdiction to Illinois court in post-judgment action concluding Illinois was home state of child.  Under UCCJEA the determination of home state only applies to initial proceedings.  Judge Matthew M. Foxman reversed.

Paternity:

McClam v. Carrier, 48 Fla.L.Weekly D2021 (Fla. 4^th DCA 2023).  Trial court erred denying Mother’s emergency motion for pickup from father because there was a voluntary acknowledgment of paternity in case, and this carried with it custody rights and parties entered into an agreement concerning custody that was not adopted by court.  In cases where parents are not married, mother is natural guardian until Court enters order stating otherwise.  Judge Karen M. Miller reversed.

Procedure:

Heath v. Lee, 48 Fla.L.Weekly D2077 (Fla. 1^st DCA 2023).  Former husband’s petition for modification contained sufficient findings to survive motion for summary judgment. Judge John L. Miller reversed.

In Re: Amendments to Florida Supreme Court Approved Forms 12.902(k) and 12.902(l), 48 Fla.L.Weekly S206 (Fla. 2023).  New forms for Notice of Joint Verified Waiver of Filing Financial Affidavit and Affidavit of Income for Child Support.

In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530, 48 Fla.L.Weekly S203 (Fla. 2023).  Further amends 12.530 which requires a motion for rehearing to preserve appellate rights by replacing “sufficiency of trial court findings” with “failure to make required findings.”

Support:

Nepola v. Nepola, 48 Fla.L.Weekly D2022 (Fla. 4^th DCA 2023).  4^th DCA recedes from bright-line rule requiring child support guidelines being attached to judgments so long as they are contained in the record.  In this case, no guidelines in record, so reversed. Judge Frank Ledee reversed.

Supportive Relationships:

Spector v. Spector, 48 Fla.L.Weekly D1992 (Fla. 3^rd DCA 2023).  Trial court affirmed for finding existence of supportive relationship, but reversed for terminating alimony without considering relevant economic factors and analyzing whether alimony should be reduced or terminated.  Judge David Young affirmed in part, reversed in part.