Stephens & Stevens Marital & Family Law

Appeals:

Harris v. Lagana, 51 Fla. L. Weekly D460 (Fla. 6th DCA 2026). Appellate court could not determine error in dismissal based on interpretation of a forum selection clause due to lack of record. Even purely legal issues may be frustrated on review without a sufficient record.  Judge Christine H. Greider affirmed.

Hawryluk v. Hawryluk, 51 Fla. L. Weekly D377 (Fla. 5th DCA 2026). 5^th DCA holds that entry of final judgment ends the “pending” nature of a case for purposes of applying the new alimony statute, rejecting the 2^nd DCA’s position that a case remains pending until appeal is resolved.  Judge Sandra C. Upchurch affirmed. Question certified.

Clark v. Clark, 51 Fla. L. Weekly D357 (Fla. 3d DCA 2026). Trial court affirmed because Husband failed to seek rehearing or provide a transcript. Judge Scott M. Bernstein affirmed.

Attorney’s Fees:

Schulheis v. Schulheis, 53 Fla. L. Weekly D301 (Fla. 3d DCA 2026). Trial court reversed for awarding attorney’s fees for litigating the issue of attorney’s fees, as it is not supported by the plain language of F.S. §61.16. Strong dissent. Judge Spencer Multack affirmed in part, reversed in part.  Replaces opinion at 50 Fla. L. Weekly D2354.

Child Support:

Mathieu v. DOR, 51 Fla. L. Weekly D408 (Fla. 3d DCA 2026). Trial court erred in adding interest and imposing a lien for retroactive child support where no delinquency existed. A delinquency arises only when ordered support is not paid.  Judge Bonnie J. Helms affirmed in part, reversed in part.

Osman v. Caycedo Osman, 51 Fla. L. Weekly D359 (Fla. 3d DCA 2026).  Trial court erred by using Father’s current income instead of historical earnings from his business, where Father failed to participate in discovery and was found not credible. Judge Ivonne Cuesta affirmed in part, reversed in part.

Injunctions:

Pantoja v. Francis, 51 Fla. L. Weekly D508 (Fla. 3d DCA 2026). Trial court affirmed denial of motion to dissolve repeat violence injunction where injunction was old and no transcript was provided to facilitate appellate review. Judge Linda Melendez affirmed.

Rolle v. Joseph, 51 Fla. L. Weekly D504 (Fla. 3d DCA 2026). Trial court affirmed entry of stalking injunction where hearsay objection was not preserved by contemporaneous objection.  Judge Elizabeth Espinosa Marin affirmed.

Roberts v. Roberts, 51 Fla. L. Weekly D416 (Fla. 2d DCA 2026).  Trial court erred in granting a domestic violence injunction based solely on child hearsay without corroborating evidence. Judge Elizabeth Jack reversed.

Fitzgerald v. Wong, 51 Fla. L. Weekly D406 (Fla. 3d DCA 2026). Stalking injunction affirmed where supported by substantial evidence of a prolonged campaign of harassment causing substantial emotional distress with no legitimate purpose.  Judge Yara Lorenzo Klukas affirmed.

Parenting:

Bowman v. Kordash, 51 Fla. L. Weekly D343 (Fla. 2d DCA 2026).  Court affirmed for awarding 50/50 timesharing in a high-conflict paternity case due to Mother’s extreme and persistent misbehavior. However, the award of shared parental responsibility was remanded for reconsideration where the institution working with the minor child had difficulty working with the mother. Judge Steven D. Berlin affirmed in part, reversed in part.

Paternity:

Ramos v. Hunter, 51 Fla. L. Weekly D441 (Fla. 4th DCA 2026).  Final judgment reversed where trial court granted majority timesharing not requested in the pleadings. Relocation statute not applied when parent moved prior to action being commenced. Judge Cheryl A. Caracuzzo affirmed in part, reversed in part.

Procedure:

Dunac v. Dunac, 51 Fla. L. Weekly D498 (Fla. 4th DCA 2026). Former Husband failed to comply with Rule 12.490(e) by not seeking a hearing the same day he filed a motion to vacate. Simply requesting a hearing is insufficient—party must take action to secure a hearing date. Judge Lauren M. Alperstein affirmed.

UCCJEA:

Lopez & Allsot v. Latif, 51 Fla. L. Weekly D424 (Fla. 5th DCA 2026).  Trial court erred in dismissing a petition to domesticate a foreign custody decree for enforcement purposes, when Florida was not the child’s home state. Home state status is only required for creating or modifying a decree. Judge Erin  Daly reversed.