Stephens & Stevens Marital & Family Law

Appeals:

Cetkovic v. Cetkovic, 51 Fla.L.Weekly D1001 (Fla. 2nd DCA 2026). Because no transcript provided, appellate court could only fix scrivener’s error that appellee conceded. Judge Don T. Hall affirmed, remanded for correction of scrivener’s error.

Benlolo v. Levy, 51 Fla.L.Weekly D982 (Fla. 3rd DCA 2026). Appeal arguing final judgment does not comport to oral stipulation made on record affirmed when no transcript provided. Judge Christina Marie DiRaimondo affirmed.

Elnenaey v. Elkadi, 51 Fla.L.Weekly D961 (Fla. 2nd DCA 2026). Rule 12.540(b) motion does not toll time to appeal final judgment of domestic violence. Order on motion to vacate affirmed, as it was not accompanied by a sworn affidavit. Judge Frances M. Perrone affirmed in part, dismissed in part.

Attorney’s  Fees:

Torres-Melendez v. Melendez-Andrade, 51 Fla.L.Weekly D1047 (Fla. 5th DCA 2026). Trial court erred awarding attorney’s fees payable through an IDO. Only fees incurred in relation to support may be collected that way. Judge Jigisa Dookhoo affirmed in part, reversed in part.

Shitiat v. Giacomarra, 51 Fla.L.Weekly D937 (Fla. 4th DCA 2026). Award of sanctions against party issued at hearing for attorney to withdraw and request for continuance reversed, as party had no notice. Judges Luis Delgado Jr. and Rosemarie Scher, reversed.

Garmon v. Garmon, 51 Fla.L.Weekly D914 (Fla. 6th DCA 2026). Order awarding fees reversed when record contained no evidence of wife’s need. Judge Elaine A. Barbour reversed.

Equitable Distribution:

Carter v. Carter, 51 Fla.L.Weekly D887 (Fla. 4th DCA 2026). Trial court erred by failing to distribute family photos and videos contained on husband’s hard drive, as they were family keepsakes that were beneficially acquired during marriage. Judge Dina Keever-Agrama affirmed in part, reversed in part.

Winegar v. Winegar, 51 Fla.L.Weekly D882 (Fla. 4th DCA 2026). Trial court erred classifying brokerage account as marital, because it was only used to collateralize a non-marital loan which was repaid before divorce with marital money. Judge Joseph Murphy, affirmed in part, reversed in part.

Imputation:

Dorce v. Baptiste, 51 Fla.L.Weekly D1019 (Fla. 4th DCA 2026). Trial court erred imputing full-time work to mother who had no physical or mental limitations but testified that she could not work full time because she cares for her five children, and lacks reasonable daycare alternatives. Fla. Stat. §61.30(2)(b) expressly recognizes childcare may limit employment options. Judge Karen Marjorie Miller affirmed in part, reversed in part.

Injunctions:

Carvajal v. Ferretti, 51 Fla.L.Weekly D890 (Fla. 4th DCA 2026). Stalking injunction between former wife and former husband’s new girlfriend reversed, when actions did not rise to harassment or emotional distress, and respondent had a legitimate purpose. Injunctions are not remedy for mere personal conflicts. Judge Stefanie C. Moon reversed.

Miller o/b/o CM v. Miller, 51 Fla.L.Weekly D868 (Fla. 6th DCA 2026). Without transcript, injunction affirmed. Judge Keith P. Spoto affirmed.

Heras v. Heras, 51 Fla.L.Weekly D857 (Fla. 3rd DCA 2026). Respondent complained that he gave his attorney documents that were not presented to court by her, but without a transcript, appellate court cannot resolve underlying factual issues. Judge Oscar Rodriguez-Fonts affirmed.

Procedure:

Rodriguez v. Rodriguez, 51 Fla.L.Weekly D904 (Fla. 5th DCA 2026). Trial court erred summarily denying motion to vacate order from magistrate because he did not submit full transcript, because court failed to assess if he substantially complied. Judge Christopher Sprysenski reversed.

MacDonald v. MacDonald, 51 Fla.L.Weekly D898 (Fla. 4th DCA 2026). Trial court erred allocating 100% of expense of GAL with a reservation to reallocate at a later time, because the order failed to contain express findings as to party’s ability to pay. Judges Jessica Marra and Kevin Tynan affirmed in part, reversed in part.

Winegar v. Winegar, 51 Fla.L.Weekly D882 (Fla. 4th DCA 2026). Trial court summarily denied motion for rehearing that validly pointed out many findings the court failed to make. Court failed to equitably divide certain liabilities, failed to make findings on husband’s business value, failed to explain modifying temporary support, and failed to make statutory alimony findings. Rehearing rule gives trial judge a mulligan, but because litigants abuse process by filing rehearings does not mean motions for rehearing should be presumptively denied or taken with a grain of salt. Judge Joseph Murphy affirmed in part, reversed in part.

Support:

Carter v. Carter, 51 Fla.L.Weekly D887 (Fla. 4th DCA 2026). Trial court erred by failing to award retroactive child support, when wife presented evidence of need and husband’s ability. Judge Dina Keever-Agrama affirmed in part, reversed in part.

Temporary Relief:

Peters v. Peters, 51 Fla.L.Weekly D1003 (Fla. 6th DCA 2026). Nonfinal order on temporary relief affirmed, and appeal on motion to disqualify treated as a writ of prohibition and denied on the merits. Judge John S. Carlin affirmed.