Stephens & Stephens Marital & Family Law

Alimony:

Ferrer v. Larrinaga, 48 Fla.L.Weekly D2343 (Fla. 3^rd DCA 2023).  Trial court affirmed for awarding permanent alimony in 7-year marriage where trial court found exceptional circumstances.  The Wife suffered health issues after a surgery during the marriage to remove a brain tumor, and such surgery left her unable to work.  Judge Maria Espinosa Dennis affirmed.

Appeals:

Sadeh v. Calenzani, 48 Fla.L.Weekly D2341 (Fla. 3^rd DCA 2023).  Pro se Mother could not prove error of imputed income or number of overnights without a transcript.  Judge Samantha Ruiz Cohen affirmed.

Equitable Distribution:

Pringle v. Pringle, 48 Fla.L.Weekly D2341 (Fla. 3^rd DCA 2023).  Trial court affirmed for unequal distribution of mortgage after detailed discussion, with findings of husband’s intentional conduct.  Judge Jason E. Dimitris affirmed.

Injunctions:

Kuschnitzky v. Marasco, 40 Fla.L.Weekly D2262 (Fla. 1^st DCA 2023).  Injunction against sexual violence reversed.  Victim calling police, asking about options anonymously and not disclosing crime did not meet statutory condition precedent of reporting crime to law enforcement and cooperating with them.  Strong dissent.  Judge Dawn Caloca-Johnson reversed.

Modification:

Mitchell v. Ahmed, 48 Fla.L.Weekly D2349 (Fla. 1^st DCA 2023).  Trial court lacked jurisdiction to modify final judgment and create a new parenting plan to detail how kids would visit former husband in jail at post-judgment hearing, now that former husband was incarcerated yet never actually requested a modification of timesharing. Judge Joshua M. Hawkes reversed.

Parenting:

Orosco v. Rodriguez & Diehl, 48 Fla.L.Weekly D2360 (Fla. 6^th DCA 2023).  Order finding appellee legal father of child when appellee was not biological father, and mother was married to another man, even though she did not realize she was married at the time, was error as appellee had no standing to seek paternity.  Judge Diana M. Tennis reversed.

Procedure:

In Re: Amendments to Florida Rules of Appellate Procedure 9.020 and 9.400, 48 Fla.L.Weekly S262 (Fla. 2023).  Motion to vacate orders issued under 12.490 by general magistrates added to list of motions that toll time for appeal.

Scott v. Scott, 48 Fla.L.Weekly D2271 (Fla. 5^th DCA 2023).  Husband petitioned for writ of certiorari on order requiring him to reinstate Wife’s business credit card.  Husband claimed trial court could not compel this as credit card was owned by business and business was not a party to lawsuit.  However, because Husband could not prove irreparable harm, writ was dismissed. Writ of certiorari concerning Judge Jennifer Opel Taylor, dismissed.

Support:

Parris v. Israel, 48 Fla.L.Weekly D2320 (Fla. 2^nd DCA 2023).  Trial court did not err refusing to add interest to retroactive child support when there was never an arrearage.  Judge Kelly A. Ayers affirmed.

State of Florida v. Delva, 48 Fla.L.Weekly D2239 (Fla. 3^rd DCA 2023).  Trial court erred in quashing administrative support order rather than entering a superseding order directing prospective duties as it nullified Father’s unpaid support obligation.  Judge Ivonne Cuesta reversed.