Stephens & Stevens Marital & Family Law

Alimony:

Beck v. Tamas-Beck, 50 Fla.L.Weekly D2492 (Fla. 4th DCA 2025). Trial court erred requiring life insurance for support without findings of availability, affordability and special circumstances. Trial court also miscalculated duration of marriage. Judge Michael Davis affirmed in part, reversed in part.

Appeals:

Lysich v. Canelo f/k/a Lysich, 50 Fla.L.Weekly D2463 (Fla. 3rd DCA 2025). Order correcting child support but reserving on arrears is a non-final order, not subject to appeal. Appeal dismissed.

Khare v. Khare, 50 Fla.L.Weekly D2356 (Fla. 3rd DCA 2025). Appellate court could not determine if trial court erred dismissing divorce for lack of personal jurisdiction, subject matter jurisdiction and forum non-conveniens without transcript. Judge Spencer Multack affirmed.

Weinstein v. Weinstein, 50 Fla.L.Weekly D2344 (Fla. 4th DCA 2025). A finding of entitlement to attorney’s fees without determination of amount is a non-final, non-appealable order. Judge Laura Burkhart affirmed in part, reversed in part.

Attorney’s Fees:

Schultheis v. Schultheis, 50 Fla.L.Weekly D2345 (Fla. 3rd DCA 2025). A finding of entitlement to attorney’s fees without determination of amount of fees is not appealable. Judge Spencer Multack affirmed in part, reversed in part.

Discovery:

Kraushaar v. Kraushaar, 50 Fla.L.Weekly D2363 (Fla. 3rd DCA 2025). Writ of certiorari granted on discovery order that sought any and all medical records from 2011 was too broad of a net on an issue of who gets the support dog in equitable distribution, when there was an allegation the support dog might be a fraud. Judge Marcia Del Rey’s order quashed.

Equitable Distribution:

Rose v. Rose, 50 Fla.L.Weekly D2402 (Fla. 2nd DCA 2025). The fact that Husband paid personal marital expenses from his pre-marital business was not sufficient to convert it to a marital property. Trial court erred charging a $30k depleted account when there was uncontroverted evidence it was spent on marital expenses. Judge Thomas M. Ramsberger affirmed in part, reversed in part.

Enforcement:

Caron v. Caron, 50 Fla.L.Weekly D2492 (Fla. 4^th DCA 2025). Court erred in entering an ex parte order prohibiting the Wife from removing, selling or disposing of property in the parties’ former residence and ordering her to cancel an estate sale she had scheduled. Wife moved to dismiss such order and was denied. The order entered was a temporary injunction against Wife, even if not titled as such, because it granted injunctive relief and there was not sufficient findings to support the entry of an injunction.  Judge Lillian B. Ewen, reversed.

Injunctions:

Castano v. Vega, 50 Fla.L.Weekly D2502 (Fla. 3rd DCA 2025). Stalking injunction reversed as findings not supported by competent evidence. Judge Sharon I. Hamilton reversed.

Wages v. Baez, 50 Fla.L.Weekly D2462 (Fla. 3rd DCS 2025). Order dismissing DV injunction petition without prejudice is non-final order that is not subject to appeal as an interim order. Appeal dismissed.

Fletcher-Johnson v. Johnson, 50 Fla.L.Weekly D2447 (Fla. 4th DCA 2025). Cannot seek review of a DV order without transcript. Appellant failed to formally seek other challenged order in notice of appeal, so appellate court did not have jurisdiction to review. Judge Elaine A. Carbuccia affirmed.

Parenting:

Wilson v. Martin 50 Fla.L.Weekly D2454 (Fla. 4^th DCA 2025). Trial court erred including a prospective relocation timesharing default provision and allowing Father to pick up child from school where Mother worked, when a DV injunction was in place. Judge Sara Alijewicz affirmed in part, reversed in part.

Procedure:

Wax v. Friedman, 50 Fla.L.Weekly D2357 (Fla. 3^rd DCA 2025). Entire final judgment void when no corroborating evidence of residency. Judge David Young reversed.

Relocation:

Harman v. Alonso, 50 Fla.L.Weekly D2361 (Fla. 3rd DCA 2025). Trial court erred by relying on impermissible findings and erroneously applied a presumption against relocation. Judge Spencer Multack reversed.

Support:

DOR v. Serwe, 50 Fla.L.Weekly D2483 (Fla. 61h 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. Replaces prior opinion at 50 FLW D2181.