Stephens & Stevens Marital & Family Law

Agreements:

Martinez v. Bustamante, 51 Fla. L. Weekly D626 (Fla. 3d DCA 2026).  Court could not enforce language in prenuptial agreement stating that marital domicile shall be occupied until her death or occupied by husband until his death, because it is a patent ambiguity arising from language that is defective, obscure, or insensible. Judge Christina Marie DiRaimondo affirmed.

Appeals:

Villegas v. Villegas, 51 Fla. L. Weekly D650 (Fla. 3d DCA 2026).  3rd DCA denying motion for written opinion following PCA. Dissent argues they should issue written opinion because case involved extreme result affecting parent’s constitutional right to raise her child.

Attorney’s Fees:

Stoutenburgh v. Stotenburgh, 51 Fla. L. Weekly D692 (Fla. 6th DCA 2026).  Judge reversed for awarding attorney’s fees for day 2 of trial, when there was only one day of trial. Judge Lisa S. Porter affirmed in part, reversed in part.

Weber v. Weber, 51 Fla. L. Weekly D641 (Fla. 6th DCA 2026).  Trial court reversed for failing to award fees to a party who prevailed on a motion for enforcement. Judge Keith P. Spoto reversed.

John F. Schutz, P.L. v. Ally Financial Inc & Schwalb, 51 Fla. L. Weekly D602 (Fla. 4th DCA 2026).  Notice of charging lien that did not disclose the amount of fees owed to the law firm or identify specific assets to which the lien applied was insufficient to impose liability upon a non-party financial institution. JudgesRosemarie Jackson & Caryn Siperstein affirmed.

Equitable Distribution:

Ficka v. Brown, 51 Fla. L. Weekly D639 (Fla. 6th DCA 2026).  Valuation of furniture was not supported by competent evidence. Judge Eric H. DuBois affirmed in part, reversed in part.

Injunctions:

Odom v. Cole, 51 Fla. L. Weekly D717 (Fla. 1st DCA 2026). Trial court erred dismissing a stalking injunction without an evidentiary hearing, when petition stated prima facie case for one. Judge J. Layne Smith reversed.

Modification:

Roby v. Roby, 51 Fla. L. Weekly D631 (Fla. 2d DCA 2026). Trial court reversed for not modifying treatment of adoption subsidies retroactively to point mother stopped exercising 50/50 timesharing. Judge Dustin Anderson affirmed in part, reversed in part.

Procedure:

Palmer v. Palmer, 51 Fla. L. Weekly D765 (Fla. 5th DCA 2026).Concurring opinion discussed courts’ use of IDO to effectuate equitable distribution. Judge Mark Edward Hess affirmed.

Toledo v. Torres, 51 Fla. L. Weekly D681 (Fla. 3d DCA 2026). Trial court erred denying motion to vacate without a hearing. Judge Stacy D. Glick reversed.

Relocation:

Neira v. Acosta, 51 Fla. L. Weekly D730 (Fla. 3d DCA 2026). Trial court erred treating a settlement agreement as a relocation agreement, when it failed to define a timesharing schedule or address transportation costs. Judge Marcia Del Rey reversed.