Stephens & Stephens Marital & Family Law

Appeals:

Scognamillo v. Jamison, 48 Fla.L.Weekly D2186 (Fla. 3^rd DCA 2023).  Alleged errors relating to factual findings not preserved when no motion for rehearing filed.  Also, because of no transcript, errors would have to be fundamental.  Judge Jason E. Dimitris affirmed.

Tomlin v. Buccasio, 48 Fla.L.Weekly D2146 (Fla. 1^st DCA 2023).  Judgment determining entitlement but not amount of attorney’s fees not ripe for appeal. Judge Mark E. Feagle affirmed in part, appeal dismissed as to fee issue.

Attorney Fees:

Alarcon v. Dagen, 48 Fla.L.Weekly D2096 (Fla. 3^rd DCA 2023).  Fee awards in derogation of need/ability rubric should not extend to run-of-the-mill custody cases.  Instead, they are reserved for the most egregious of litigation conduct.  Judge Abby Cynamon reversed.

Equitable Distribution:

Aguilera v. Agustin, 48 Fla.L.Weekly D2115 (Fla. 4^th DCA 2023).  Appellant waived errors of failure to make required findings because he never sought rehearing.  However, trial court valued Tahoe vehicle at $22,000 when parties had stipulated it was $26,000, which did not require a motion for rehearing to preserve error.  Judge Michael C. Heisey affirmed in part, reversed in part.

Bernstein v. Bernstein, 48 Fla.L.Weekly D2100 (Fla. 4^th DCA 2023).  Trial court reversed for failing to distribute proceeds from sale of vehicle.  Very lengthy concurring opinions on donative intent and burden of establishing enhancement of non-marital property.  Judge Scott Ryan Kerner affirmed in part, reversed in part.  Replaces opinion at 48 Fla.L.Weekly D818b.

Modification:

Suarez v. Suarez, 48 Fla.L.Weekly D2117 (Fla. 4^th DCA 2023).  Trial court erred refusing to terminate alimony retroactive to date of filing, and for offsetting alimony arrearage with child support arrearage.  Judge Dale C. Cohen affirmed in part, reversed in part.

Procedure:

Alarcon v. Dagen, 48 Fla.L.Weekly D2145 (Fla. 3^rd DCA 2023).  Trial court affirmed for awarding Father majority of timesharing and ultimate decision- making authority, even though Father had not requested it in his pleadings as Mother never made that objection at trial; issue tried by consent.  Judge Abby Cynamon affirmed.

Darling-Ill v. Ill, 48 Fla.L.Weekly D2115 (Fla. 4^th DCA 2023).  Trial court denying motion to enforce payment required in prenuptial agreement because parties were in arbitration was not a final determination that would bar re-litigation due to res judicata.  Judge Karen M. Miller reversed.

Support:

Dept. of Revenue v. E.P., 48 Fla.L.Weekly D2095 (Fla. 2^nd DCA 2023).  In light of 61.30(17), if a child has turned 18, lived with and been supported by a parent before the age of 18, the parent he/she lived with could still be entitled to up to 24 months of retroactive support.  Administrative order reversed.

Temporary Relief:

Saenz v. Sanchez, 48 Fla.L.Weekly D2192 (Fla. 3^rd DCA 2023).  Trial court affirmed for temporarily ordering child to stay in military school, giving Father 100% timesharing of all children, and prohibiting Mother from contacting children. Temporary relief orders in family law cases have the broadest discretion.  Judge Veronica Diaz affirmed.