Stephens & Stevens Marital & Family Law

Agreements:

Martin v. Sater, 50 Fla.L.Weekly D2636 (Fla. 5^th DCA 2025). Affirms trial court for applying 12.540 instead of Casto analysis to set aside MSA on motion filed after entering final judgment. Court recedes from Suppa, 871 So.2d 988 and certifies question whether Macar, 803 So.2d 707, requires 12.540 or Casto on issues to set aside MSA when motion filed after final judgment has been entered.  Judge Kathryn M. Speicher affirmed.

Appeals:

Miller v. Ko, 50 Fla.L.Weekly D2532 (Fla. 3^rd DCA 2025). Fact appellant did not include in notice of appeal that there was a motion for rehearing pending as required did not waive abeyance until circuit court ruled on motion. Judge Spencer Multack affirmed.

Enforcement:

Bazinet v. Pinkerton, 50 Fla.L.Weekly D2685 (Fla. 5^th DCA 2025). Order on contempt that changed school designation and modified timesharing reversed, as relief not plead for, and modification burden not met. Judge Michael G. Takac affirmed in part, reversed in part.

Equitable Distribution:

Walsh v. Walsh, 50 Fla.L.Weekly D2682 (Fla. 5^th DCA 2025). Trial court erred assigning a depleted account to Husband based on finding that “Husband was likely cause” of depletion. This does not rise to a specific finding of intentional misconduct regarding a depleted account, which must be included in judgment. Judge Howard Ogle McGillin affirmed in part, reversed in part.

Imputation:

Cohen v. Alkobi, 50 Fla.L.Weekly D2666 (Fla. 4^th DCA 2025). Here, the general magistrate set income at $200,000 for temporary relief based on 2023 revenue testimony, credibility findings, historic earnings for corroboration, and the lack of expense proof. The trial court erred by vacating that figure on imputation grounds and because the general magistrate failed to find husband was voluntarily underemployed.  A trier of fact may find that a party earns more than claimed based on testimony and credibility; that is a present-income finding, even if the order uses the word “impute.”  Strong dissent.  Judge Kristin R. Kanner reversed.

Injunctions:

Heule and Huele v. Humphrey, 50 Fla.L.Weekly D2546 (Fla. 1^st DCA 2025). Trial court erred entering stalking injunction based upon posting signs in the window, and dressing a skeleton in a way that mocked petitioners without any evidence that petitioners suffered substantial emotional distress. Judge Michael Jones reversed.

Modification:

Lally v. Lally, 50 Fla.L.Weekly D2620 (Fla. 4^th DCA 2025). Trial court erred allowing modification as non-custodial parent’s voluntary move alone is insufficient to support modification. Judge Anastasia M. Norman reversed.

Parenting:

Bryan v. Bryan, 50 Fla.L.Weekly D2619 (Fla. 4^th DCA 2025). Trial court reversed for issuing parenting plan that did not have specific timesharing provisions, methods of how parent will communicate with child, and failed to make necessary jurisdictional findings. Judge Lauren Alperstein affirmed in part, reversed in part.

Luna v. Hernandez ,50 Fla.L.Weekly D2527 (Fla. 3^rd DCA 2025). Trial court erred temporarily restricting parent’s timesharing at a CMC based on allegations of parental alienation where this was not noticed for hearing. Judge Scott M. Bernstein reversed.

Wolverton v. Wolverton, 50 Fla.L.Weekly D2525 (Fla. 6^th DCA 2025). Trial court erred by failing to make findings on F.S. 61.13(3) custody factors when awarding shared parental responsibility, especially when abuse allegations were raised at trial. Judge Keith P. Spoto affirmed in part, reversed in part.

Partition:

Lantz v. Gibson, 50 Fla.L.Weekly D2543 (Fla. 1^st DCA 2025). Trial court erred not crediting former husband with one-half of expenses that were necessary to maintain ownership of home, with the exception of the mortgage payment which the MSA provided the former husband would pay. Judge John J. Gontarek reversed.

Paternity:

Rosich-Medina v. Chilaud, 50 Fla.L.Weekly D2577 (Fla. 3^rd DCA 2025). Trial court erred ordering genetic testing before determining whether that would be in child’s best interest, when child already had a legal father. Judge Diana Vizcaino’s order allowing genetic testing quashed.

Procedure:

Capps v. Capps, 50 Fla.L.Weekly D2664 (Fla. 4^th DCA 2025).  Trial court affirmed for emergency suspension of Wife’s timesharing without notice or a hearing.  Florida caselaw has recognized that in very limited situations a trial court can modify prior custody orders on an emergency basis for the protection of the children, and without a full evidentiary hearing. Fourth DCA clarified that emergencies are not limited to physical harm or improper removal of children from the jurisdiction. Judge Kristin R. Kanner affirmed.

MacKenzie v. MacKenzie, 50 Fla.L.Weekly D2518 (Fla. 2^nd DCA 2025). Writ of prohibition granted to remove Judge whose findings concerning counsel’s mental health, fitness to practice and candor, establish clear bias. Writ of prohibition issued against Judge Brian Edward Gnage.

Relocation:

Dunn v. Flores, 50 Fla.L.Weekly D2576 (Fla. 3^rd DCA 2025).  Stay granted and trial court mandated to reconsider emergency motion for return of child.  Trial court erroneously concluded child was improperly relocated to another state.  Florida’s relocation statue is inapplicable to a relocation occurring before filing.  Order stayed and Jurisdiction relinquished for Judge George A. Sarduy’s order, to reconsider motion within 30 days.

Blakeslee v. Madrigal, 50 Fla.L.Weekly D2576 (Fla. 3^rd DCA 2025). Judgment finding relocation in child’s best interest affirmed. Judge Christina Marie DiRaimondo affirmed.

Puertas v. Ruiz, 50 Fla.L.Weekly D2541 (Fla. 3^rd DCA 2025). Final judgment allowing relocation affirmed when there is no transcript and no error on face of judgment.  Judge Spencer Multack affirmed.

Written by: 

Eddie Stephens, Esquire

Edited by: 

Caryn A. Stevens, Esquire

 Associate Editors:

Sarai Q. Glaze and Noelle E. Stone

Eddie Stephens | Author

Eddie Stephens, a sixth-generation Floridian, is a partner at Stephens & Stevens, PLLC and a Board Certified Marital & Family Law attorney who concentrates on high-conflict, high-asset divorce litigation. He holds the AV® Preeminent™ Peer Review Rating from Martindale-Hubbell and brings more than 25 years of courtroom experience to complex matters involving equitable distribution, business valuation, support, parenting disputes, relocation, post-judgment litigation, same-sex family issues, and premarital/postmarital agreements. Eddie is widely recognized for integrating trauma-informed practices into his advocacy, helping clients navigate litigation with clarity and steadiness. He serves on the Board of Directors for the Center for Child Counseling, Inc. His honors include the Family Law Section Alberto Romero Making a Difference Award (2017), Leadership Excellence Award (2018), and Harriet Goldstein Award (2019).

Caryn A. Stevens | Editor

Caryn A. Stevens is a Partner at Stephens & Stevens, PLLC in West Palm Beach, practicing exclusively in marital and family law. Before becoming an attorney, Caryn spent more than 12 years in mental health and counseling, including private practice, the Department of Children & Families, and as an elementary school guidance counselor. She earned her B.S. in Psychology and her M.S./Specialist Degrees in Counseling & Human Services from Florida State University, and her J.D. from Nova Southeastern University, where she received pro bono honors. Caryn’s counseling background informs her compassionate, client-centered advocacy and strong courtroom presence. In 2021, she received the Florida Bar Family Law Section’s Alberto Romero Making a Difference Award for outstanding pro bono service and community impact. A Leadership Palm Beach County Class of 2019 graduate, Caryn serves as Co-Chair of Leadership GROW and mentors through Women of Tomorrow. She lives in Palm Beach County with her husband, David, and Mini Aussie, Emma.

Sarai Glaze | Associate Editor

Sarai Glaze is an Associate Attorney at Stephens & Stevens, PLLC, bringing a compassionate, client-focused approach to family law advocacy. Prior to joining the firm, she represented veterans exposed to asbestos as a plaintiff’s attorney, helping clients pursue accountability and compensation while navigating high-stakes litigation. That work strengthened her ability to guide people through complex legal challenges with empathy and resolve. Sarai earned her Juris Doctor from Florida State University College of Law. She graduated magna cum laude from The Ohio State University with a bachelor’s degree in history and a certificate in leadership. Originally from Long Island, New York, Sarai now calls Florida home and enjoys hiking, concerts, volunteering, and spending time with family and friends.

Noelle Stone | Associate Editor

Noelle Stone is a Florida native and a licensed attorney in New York and New Jersey. She joined Stephens & Stevens, PLLC as a law clerk while awaiting admission to the Florida Bar. Noelle earned her bachelor’s degree in legal studies from Florida Gulf Coast University and was selected as a Newman Civic Fellow for her commitment to civic engagement. She received her Juris Doctor from Brooklyn Law School, where she was a member of the Alternative Dispute Resolution Honor Society and was inducted into the Order of the Barristers for excellence in oral advocacy, trial skills, and legal writing. After law school, Noelle served as a law clerk to the Honorable Patrick J. Bartels in the Family Division of the Mercer County, New Jersey Superior Court. Outside of work, she enjoys beach days with family, surfing, and knitting, and is happy to be back in the Sunshine State.