Stephens & Stevens Marital & Family Law

Agreements:

Rushing v. Rushing, 50 Fla.L.Weekly D2091 (Fla. 6^th DCA 2025). Trial court erred by misconstruing formula in MSA on how to calculate Wife’s share of military retirement. Judge Mikaela Nix-Walker reversed.

Appeals:

Olivas v. Morales, 420 So.3d 1091 (Fla. 3^rd DCA 2025). Appellate court cannot determine if judge misconstrued evidence on summer timesharing without a transcript. Judge Gina Beovides affirmed.

Naranjo v. DOR, 419 So.3d 774 (Fla. 3^rd DCA 2025). Administrative order must be affirmed when no transcript presented and there is no error on the face of the order.

Marcellus v. Peterson, 419 So.3d 1094 (Fla. 4^th DCA 2025). Trial court erred by exceeding mandate. Judge Natasha DePrimo affirmed in part, reversed in part.

Hewell v. Hewell, 418 So.2d 844 (Fla. 3^rd DCA 2025). Appellate Court cannot review Husband’s complained errors on equitable distribution, as no transcript was provided. Judge Spencer Multack affirmed.

Attorney’s Fees:

Breton v. Raud, 50 Fla.L.Weekly D2064 (Fla. 3rd DCA 2025).Error to award Mother $100k in temporary and prospective attorney’s fees, and $55k in temporary and prospective accounting costs, when motion requested $35k in fees and $5k in accounting costs. Judge Victoria Del Pino affirmed in part, reversed in part.

Gutierrez v. Gutierrez, 418 So.3d 306 (Fla. 3^rd DCA 2025). Trial court affirmed for denying motion for attorney’s fees. Judge’s comment that former husband has ability to teach during summer was not an improper imputation.  Gratuitous judicial observations having no bearing on an outcome of dispute are “obiter dictum.” Judge Marlene Fernandez-Karvetsos affirmed.

Marcellus v. Peterson, 419 So.3d 1094 (Fla. 4^th DCA 2025). Entitlement to vexatious attorney’s fees affirmed, but amount of $282,000 remanded as not supported with findings of rates and duration. Judge Natasha DePrimo affirmed in part, reversed in part.

Enforcement:

Maradona v. Villafane, 420 So.3d 1077 (Fla. 3^rd DCA 2025). Order that looks like criminal contempt reversed when party not afforded required due process safeguards, nor did the order contain a proper purge provision. Judges Carlos Lopez and Spencer Eig affirmed in part, reversed in part.

Equitable Distribution:

Robinson v. Robinson, 418 So.3d 864 (Fla. 6^th DCA 2025). Trial court erred finding Wife’s transfer of $5k to daughter from another relationship was waste, as there was no evidence that the Wife intentionally depleted a marital asset. Judge Keith P. Spoto affirmed in part, reversed in part.

Injunctions:

Rosa v. Heredia, 419 So.3d 331 (Fla. 5^th DCA 2025). Trial court reversed for granting domestic violence injunction, as allegations which included vague allegations of violence over a year ago in another state, and presently Petitioner was just trying to get her mail back. Judge John L. Woodard, III reversed.

Thompson v. Vilches, 418 So.3d 328 (Fla. 3^rd DCA 2025). Trial court affirmed for denying motion to vacate injunction which was entered after default. Judge Jason A. Reding Quinones affirmed.

Hart v. Moore o/b/o Hart, 418 So.3d 203 (Fla 4^th DCA 2025). Trial court erred denying motion to dissolve injunction, as the Respondent had changed his circumstances by going to anger management and individual therapy, and Petitioner demonstrated no imminent fear as she allowed children to reach out to Father when they wanted to. Judge Elaine Carbuccia reversed.

Marcionette v. Marcionette, 50 Fla.L.Weekly D1949 (Fla. 6^th DCA 2025). Trial court erred for denying motion to dissolve injunction for lack of jurisdiction, when motion was filed in wrong division. Judges Diana M. Tennis and Barbara J. Leach reversed.

Parenting:

Alan v. West, 420 So.3d 566 (Fla. 3^rd DCA 2025). Trial court affirmed for modifying parental responsibility when issue tried by consent. Judge Ivonne Cuesta affirmed. 

Relocation:

Gevaert v. Teh, 50 Fla.L.Weekly 2066 (Fla. 3^rd DCA 2025). Trial court affirmed for ruling contrary to expert’s opinion that California has better schools, as the Corut is required to consider a wider range of factors. Judge Spencer Multack affirmed.

Greenwood v. Greenwood, 406 So.3d 973 (Fla. 3^rd DCA 2025). Trial court affirmed for properly weighing and analyzing relocation factors. Judge Marlene Fernandez-Karavestos affirmed.

Sanctions:

Clerk of Hillsborough County v. Rangel, 50 Fla.L.Weekly D1945 (Fla. 6^th DCA 2025). Non-family case. Attorney sanctioned for using AI, and referred to Florida Bar.