Stephens & Stevens Marital & Family Law

Alimony:

Secrist v. Secrist, 50 Fla.L.Weekly D2105 (Fla. 5^th DCA 2025). Trial court erred by failing to apply new alimony statute to a case that was tried and Court made oral pronouncement on June 30, 2022. but the matter was still pending when the law changed on July 1, 2022 as no final judgment has been entered. Judge Gary L. Wilkinson affirmed in part, reversed in part.

Attorney’s Fees:

Abbey v. Abbey, 50 Fla.L.Weekly D2151 (Fla. 3^rd DCA 2025). Appeal seeking review of a finding of entitlement to fees without amount is dismissed as premature. Order is not final until amount is set. Judge Sharon I. Hamilton affirmed in part, appeal dismissed in part.

Discovery:

Delgado v. Miller, 50 Fla.L.Weekly D2150 (Fla. 3^rd DCA 2025). Party sought writ of certiorari to prevent follow-up deposition without cause in a contentious paternity matter. However, there would be no irreparable harm, and court did not depart from essential requirements of law. Writ of Certiorari concerning Judge Spencer Multack’s order dismissed.

Enforcement:

Garcia Azzam v. Diaz De La Portilla, 420 So.3d 658 (Fla. 3^rd DCA 2025). Writ of certiorari directed at order granting contempt, where party did not receive proper notice, quashed.  Judge Ivonne Cuesta’s order quashed.

Marin v. Marin, 50 Fla.L.Weekly D2229 (Fla. 2^nd DCA 2025). Trial court erred granting $700k money judgment as sanction for party failing to maintain life insurance with death benefit in the amount of $700k, as this is not a valid contempt sanction.  Judge Maria Ruhl reversed in part, affirmed in part.

Equitable Distribution:

Warner v. Warner, 50 Fla.L.Weekly D2185 (Fla. 5^th DCA 2025). Trial court erred charging depleted retirement accounts that Husband spent on costs with the divorce, repairs in home, expenses related to medical, and attorney’s fees without wife’s consent, as there was no record of misconduct. Judge R. Gregg Jerald reversed.

Wilson v. Hurter, 50 Fla.L.Weekly D2117 (Fla. 2^nd DCA 2025). Trial court erred in methodology and calculating marital improvements on non-marital property.   Trial court must determine value added by enhancements, and divide by 2 as party owns property with a third-party. Judge William A. Burgess, III affirmed in part, reversed in part.

Secrist v. Secrist, 50 Fla.L.Weekly D2105 (Fla. 5^th DCA 2025). Trial court erred classifying all of Husband’s retirement as marital, when Husband proved there was a non-marital balance before marriage. Judge Gary L. Wilkinson affirmed in part, reversed in part.

Groom v. Groom, 50 Fla.L.Weekly D2293 (Fla. 1^st DCA 2025). On confession of error, trial court reversed for erroneous duplication of credit card balances.  All other issue affirmed. Judge John L. Miller, Jr. affirmed in part, reversed in part.

Noss v. Noss, 50 Fla.L.Weekly D2299 (Fla. 3^rd DCA 2025). Trial court erred distributing shares of third-party corporation that was not a party to lawsuit. Court had no evidentiary support for $15k cash assigned to wife. Judge Marcia Del Rey affirmed in part, reversed in part.

Income:

Warner v. Warner, 50 Fla.L.Weekly D2185 (Fla. 5^th DCA 2025). Trial court erred imputing income to Husband who went from private to public sector voluntarily, because there was no evidence of what Husband could currently make if in private practice, and wife included Husband and adult child’s expenses in her needs. Judge R. Gregg Jerald reversed.

Wilson v. Hurter, 50 Fla.L.Weekly D2117 (Fla. 2^nd DCA 2025). Trial court erred imputing US Census median income of $134k to Wife, when the most Wife ever earned was $105k. Judge William A. Burgess, III affirmed in part, reversed in part.

Injunctions:

Meredith v. Meredith, 50 Fla.L.Weekly D2118 (Fla. 5^th DCA 2025). Trial court pre-judged DV case, because Wife filed petition in county where she now resides.  Trial court should have granted legally-sufficient motion to disqualify. Judge Eric C. Roberson reversed.

Procedure:

Franklin v. Franklin, 50 Fla.L.Weekly D2173 (Fla. 1^st DCA 2025). Writ of prohibition to restrain local judge from presiding over matter is granted, because trial judge erroneously concluded they were successor judge when previous magistrate was disqualified. That should not have triggered successor judge burden on motion to withdraw circuit judge. 

Support:

DOR v. Serwe, 50 Fla.L.Weekly D2181 (Fla. 6^th DCA 2025). Although striking DOR’s notice of redirection and order requiring mother to pay support directly to Father was error, DOR waived appeal by not seeking to vacate order generated by magistrate. Judge Elaine A. Barbour reluctantly affirmed.

Tucker v. Adams, 50 Fla.L.Weekly D2190 (Fla. 5^th DCA 2025). Trial court erred by not making custody findings and determining net incomes, even without a transcript. However, Husband could not challenge issues he claimed were tried but not plead without a transcript, as it cannot be determined if matter was tried by consent. Judge Stasia Warren reversed.

Noss v. Noss, 50 Fla.L.Weekly D2299 (Fla. 3^rd DCA 2025). Numbers in guidelines were not tethered to former wife. Remanded for court to determine gross income, then arrive at net income by determining deductions. Judge Marcia Del Rey affirmed in part, reversed in part.

UCCJEA:

Aluise v. Aluise, 50 Fla.L.Weekly D2316 (Fla. 5^th DCA 2025). Trial court erred for dismissing petition to modify Pennsylvania decree granting partial grandparent custody.  Pennsylvania has broader grandparent visitation rights than Florida.  Case was domesticated in Florida by consent, as parents moved to Florida.  While full faith and credit given to Pennsylvania order, parents had right under UCCJEA to modify. Judge Russell L. Healey reversed.