Stephens & Stevens Marital & Family Law

Alimony:

Wallace v. Wallace, 418 So.3d 148 (Fla. 4^th DCA 2025).  Trial court erred awarding alimony when record contained no evidence of need. Judge Karen M. Miller affirmed in part, reversed in part.

Appeals:

Goya v. Hayashida, 418 So.3d 652 (Fla. 4^th DCA 2025). Pro se appellee scolded for using hallucinated cases generated by AI. An attempt to persuade a Court or oppose an adversary by relying on fake opinions is an abuse of the legal system. Judge Fabienne E. Fahnestock affirmed in part, reversed in part.

Nisewonger v. Nisewonger, 416 So.3d 1262 (Fla. 1^st DCA 2025). Appellate court did not have jurisdiction to review order denying motion to set aside, as appellant appealed the wrong order. Judge Darlene Fallon Dickey affirmed.

McPherson v. Samuel, 392 So.3d 565 (Fla. 4^th DCA 2025). Trial court affirmed for granting costs to appellate party who won the right to a new D.V. hearing due to due process violation, but ultimately did not obtain injunction. Conflict certified with Varveris v. Charbonell, 785 So.2d 576 (Fla. 3^rd DCA 2011).  Judge Kevin P. Tynan affirmed. 

Lopez v. Fernandez, 415 So.3d 349 (Fla. 3^rd DCA 2025). Final judgment of injunction affirmed when there is no transcript provided, and no error on the face of the judgment. Judge Stacy D. Glick affirmed.

Attorney’s Fees:

Gonzalez v. Rodriguez, 418 So.3d 245 (Fla. 3^rd DCA 2025). Trial court abused discretion awarding $75,000 in temporary attorney’s fees based on determination that Husband can obtain funds “without limitation” and “on demand” from his friends and family. When determining ability, Court can only consider party’s ability unless they are receiving continuing, non-sporadic gifts.   Judge Abby Cynamon reversed. 

Enforcement:

Bergman v. Bergman, 419 So.3d 85 (Fla. 4^th DCA 2025). Trial court erred denying prevailing party fees when no objection was made that it was not requested in pleadings. Trial court also erred by failing to award interest when it was clearly provided for in agreement. Judge Darren Shull reversed.

Equitable Distribution:

Goya v. Hayashida, 418 So.3d 652 (Fla. 4^th DCA 2025). Trial court erred categorizing property as marital when there was no record evidence the Husband owned it. Judge Fabienne E. Fahnestock affirmed in part, reversed in part.   

Wallace v. Wallace, 418 So.3d 148 (Fla. 4^th DCA 2025).  Trial court erred including wife’s post-filing contributions to retirement in equitable distribution, and failed to consider husband’s retirement at all. Judge Karen M. Miller affirmed in part, reversed in part.

Imputation:

Thermidor v. Pierre, 419 So.3d 98 (Fla. 4^th DCA 2025). Trial court erred finding wife could not work full-time, when she presented unrebutted evidence that she could not because she had to care for the children. Trial court also erred failing to consider aftercare costs. Judge Cheryl A. Caracuzzo affirmed in part, denied in part.

Injunctions:

Alfonso v. Hierrezuelo o/b/o Z.A., 419 So.3d 279 (Fla. 3^rd DCA 2025). Trial court erred entering injunction based on F.S. 741.30 as opposed to F.S. 784.046, which is what was requested. Trial court based injunction on child hearsay, and F.S. 784.046 requires an eyewitness or direct evidence. Judge Stacy D. Glick reversed.

Parenting:

Aabbott v. Kligman, 418 So.3d 724 (Fla. 3^rd DCA 2025). Trial court affirmed for awarding 2 supervised overnights, even if it conflicted with Wife’s expert witness’ opinion, as order was supported by competent evidence. Judge Gina Beovides affirmed.

Gorla v. Vig, 415 So.3d 876 (Fla. 3^rd DCA 2025). Trial court erred requiring party to pay 100% of alcohol testing, when it was a condition of visitation. Judge Samantha Ruiz Cohen affirmed in part, reversed in part.

Wallace v. Wallace, 418 So.3d 148 (Fla. 4^th DCA 2025).  Entire parenting plan (parental responsibility and timesharing) reversed, when Court failed to consider Husband’s conviction for domestic violence and violating a domestic violence injunction. Judge Karen M. Miller affirmed in part, reversed in part.

Procedure:

Bui v. Panzardi, 416 So.3d 1158 (Fla. 4^th DCA 2025). Trial court erred failing to address child support even though neither party objected, as it is “fundamental error” not to address. Judge Lorena Mastrarrigo affirmed in part, reversed in part.

Support:

Mullarkey v. Tiraco, 417 So.3d 475 (Fla. 2^nd DCA 2025). Final judgment awarding support reversed when guidelines not attached. Appellate court explains retroactive support does not mean the same as arrearages. Judge Brian Gnage affirmed in part, revered in part.