Stephens & Stevens Marital & Family Law

Alimony:

Alfonso v. Gordon Alfonso, 50 Fla.L.Weekly D1043 (Fla. 4^th DCA 2025). Legislation eliminated permanent alimony for all future and pending cases as of July 1, 2023.  Trial court entered final judgment awarding permanent alimony on June 30, 2023.  Husband filed motion for rehearing on July 1, 2023.  Trial courts have addressed rendering final judgment in different ways in different contexts. Majority in fourth district concludes it is upon entry of final judgment.   Strong dissent that argues not final until rehearings are disposed of (editor’s note, this is better argument!).   This case conflicts with others, but conflict not certified.  Leatha D. Mullins affirmed in part, reversed in part.

Bales v. Bales, 409 So.3d 1284 (Fla. 1^st DCA 2025). Award of permanent alimony reversed as case was still pending as of July 1, 2023 (when alimony law changed), because motion for rehearing had not been disposed of yet. Judge T. Michael Jones reversed.

Attorney’s Fees:

Perez-Palma v. Rodriguez, 413 So.3d 866 (Fla. 3^rd DCA 2025). 3^rd DCA sides with 6^th DCA, and concludes F.S. 742.045 does not authorize attorney’s fees in paternity appeals, and certifies conflict with 4^th and 5^th DCAs. Judge Scott M. Bernstein affirmed in part, reversed in part.

Child Support:

Perez-Palma v. Rodriguez, 413 So.3d 866 (Fla. 3^rd DCA 2025). Even without transcript, trial court erred requiring husband to pay 100% of cost of supervised timesharing. Other alleged errors could not be considered due to lack of transcript. Judge Scott M. Bernstein affirmed in part, reversed in part.

Garwood v. Garwood, 412 So.3d 126 (Fla. 6^th DCA 2025). Even without transcript, judgment modifying support and determining arrearages reversed due to computational errors on face of judgment. Judge Michael Kraynick affirmed in part, reversed in part.

Enforcement:

Healy v. Healy, 409 So.3d 128 (Fla. 4^th DCA 2025). Trial court erred vacating magistrate’s order denying motion for contempt, when school designation provided child goes to highest ranking school if parent lives in St. Lucie county.  Father was in car crash with children while intoxicated. Mother was granted sole parental responsibility, and restricted Father’s timesharing on emergency motion.  Mother moved to another county less than 50 miles away, and enrolled child in school.  Trial court erred holding Mother in contempt, as school designation was ambiguous and Mom had temporary sole decision-making authority which overrides the school designation provision. Judge Leatha D. Mullins reversed.

Phanord v. Phanord, 411 So.3d 568 (Fla. 3^rd DCA 2025). Former wife sought contempt for unpaid support 30 years after final judgment. Trial court erred concluding former husband waived latches defense by not pleading it as an affirmative defense. Affirmative responses are only required when responding to a pleading. A motion for contempt is not a pleading per Rule 12.615(b). Judge Marina Del Rey reversed.

Equitable Distribution:

Murnane v. Murnane, 411 So.3d 543 (Fla. 5^th DCA 2025). Trial court erred valuing retirement account  based on accountant’s summary, when no other evidence was presented. Judge Michael J. Rudisill reversed.

Levinas v. Levinas, 410 So.3d 124 (Fla. 3^rd DCA 2025). Parties agreed the Husband would refinance house and if not, the house would be sold. Husband was unable to refinance, so house was sold.  Husband was entitled to set-offs off set by his reasonable cost of occupancy.  Judge Victoria Del Pino reversed.

Jones v. Jones, 413 So.3d 242 (Fla. 5^th DCA 2025). Trial court committed fundamental error on face of judgment by failing to make specific written findings that identify, classify, value and distribute parties’ assets and liabilities. Judge Stasia Warren affirmed in part, reversed in part.

Pitamber v. Shivbaran, 414 So.3d 279 (Fla. 3^rd DCA 2025). Trial court erred denying equitable distribution of the marital house, as that was an impermissible sanction for the Wife challenging the validity of a prenuptial agreement to no avail. Judge Spencer Multack affirmed in part, reversed in part.

Injunctions:

Adams v. Cox, 410 So.3d 137 (Fla. 5^th DCA 2025). Domestic violence injunction reversed when record lacked evidence of imminent harm, and trial court denied Petitioner his due process by not letting him present evidence.  Judge Matthew M. Foxman reversed.

Lau v. Gonzalez, 412 So.3d 915 (Fla. 3^rd DCA 2025).  Without transcript, appellate court could not resolve the underlying factual issues to determine if injunction was not supported by competent evidence. Judge Linda Melendez affirmed.

Johnson v. Navabi, 409 So.3d 1284 (Fla. 3^rd DCA 2025). Hard to determine if trial court abused discretion when no transcript available, and no stipulated statement of evidence.  Judge Jason A. Reding Quinones affirmed.

Jurisdiction:

Niemeyer v. Niemeyer, 409 So.3d 186 (Fla. 3^rd DCA 2025). When Florida court had parallel proceedings with Turkey, Florida court properly denied antisuit injunction. General rule is when concurrent jurisdiction exists, each forum may proceed to final judgment. Judge Stacey D. Glick affirmed.

Life Insurance:

Alfonso v. Alfonso, 50 Fla.L.Weekly D1043 (Fla. 4^th DCA 2025). Trial court reversed for requiring alimony to be secured with life insurance, as there were no findings as to cost or availability.  Leatha D. Mullins affirmed in part, reversed in part.

Modification:

Dorsett v. Schexnayder, 50 Fla.L.Weekly D919 (Fla. 2^nd DCA 2025). Trial court abused discretion by sua sponte modifying Former Husband’s right to claim federal tax exemption for child when relief was not requested.  Judge Thomas N. Palermo affirmed in part, reversed in part.

Parenting:

Murnane v. Murnane, 411 So.3d 543 (Fla. 5^th DCA 2025). Trial court’s summer timesharing schedule reversed because it could cause confusion and begs for chaos. Parties had week on/week off timesharing, and Court allowed them to take one-week, or a two-week continuous vacation in summer. This could cause 5 straight weeks of children with same parent. Judge Michael J. Rudisill reversed.

Procedure:

Viera v. Viera, 412 So.3d 194 (Fla. 3^rd DCA 2025). Trial court erred dismissing matter for lack of prosecution without providing notice required by 12.420. Judge Oscar Rodriguez-Fonts reversed.

Support:

Lucombe v. Lucombe, 412 So.3d 197 (Fla. 5^th DCA 2025). Trial court erred requiring former husband to pay $43,200 in retroactive support at $50 per month.  The trial court cannot order lump sum without evidence of ability to pay.  That said, $50 a month without explanation is unsupportable. Judge John I. Guy affirmed in part, reversed in part.