Stephens & Stevens Marital & Family Law

Alimony:

Golliner v. Golliner, 51 Fla. L. Weekly D1260 (Fla. 2d DCA 2026).  An order for bridge-the-gap alimony in a 12-year marriage where the wife had significant mental health issues was an abuse of discretion. Judge Kelly A. Ayers affirmed in part, reversed in part.

Sheff v. Sheff, 51 Fla. L. Weekly D1126 (Fla. 4th DCA 2026).  Trial court affirmed for denying durational alimony where husband was going to be unemployed one month after the final hearing because his contract was not extended and lacked ability to pay. Wife only presented evidence of historic wages. Past/average income, unless it reflects current reality, is meaningless in determining present ability to pay. Denial of nominal alimony affirmed where wife presented no evidence the loss of income was temporary. Judge Lorena V. Mastrarrigo affirmed.

Attorney Fees:

Golliner v. Golliner, 51 Fla. L. Weekly D1260 (Fla. 2d DCA 2026).  Trial court reversed for summarily denying the wife’s request for attorney’s fees after stating that it would address the issue later.  Judge Kelly A. Ayers affirmed in part, reversed in part.

Simpkins v. Nusser, 51 Fla. L. Weekly D1102 (Fla. 5th DCA 2026).  5th DCA recedes from its prior holding in McNulty v. Bowser and concludes appellate fees are not authorized under section 742.045.

Equitable Distribution:

Estate of Merrill v. Merrill, 51 Fla. L. Weekly D1241 (Fla. 4th DCA 2026).  Term life insurance has no value on the date of filing if the insured is alive. Trial court erred by distributing the proceeds of two term policies when neither were marital. Trial court further erred by distributing six sprint race cars when only five were marital. Judge Robert Lee Pegg affirmed in part, reversed in part.

Conchiglia v. Conchiglia, 51 Fla. L. Weekly D1214 (Fla. 5th DCA 2026).  Trial court erred by assigning  $150,000 in asset depletion to the Husband during the pendency of the action because there was no evidence of intentional dissipation, waste, depletion, or destruction. Judge John Ingle Guy affirmed in part, reversed in part.

Azulay v. Azulay, 51 Fla. L. Weekly D1181 (Fla. 4th DCA 2026).  Trial court erred in failing to make written findings under 61.075, ordering the marital home to be sold without assigning a value, and failing to include an interim mortgage payment mechanism. Judge Cheryl Annette Caracuzzo reversed.

Williams v. Williams, 51 Fla. L. Weekly D1131 (Fla. 4th DCA 2026).  Trial court affirmed for allocating residence as marital when property was transferred from one spouse to the other during first divorce, but parties reconciled and the first divorce was dismissed. Also, final judgment was inconsistent on some items including parties’ stipulation and value of home furnishings. Judge Anastasia M. Norman affirmed in part, reversed in part.

Johnson v. Johnson, 51 Fla. L. Weekly D1125 (Fla. 4th DCA 2026).  Court reversed for structuring a $121,000 equalizing payment to be paid at $300 per month, as this structure defeats the purpose of equitable distribution. Judge Luis Delgado reversed and remanded.

Scheen v. Drozdovitch, 51 Fla. L. Weekly D1123 (Fla. 4th DCA 2026). Trial court erred by failing to include a mechanism for Husband to get paid should Wife fail to refinance the marital home after a year. Trial court also erred charging disputed account to Husband. Judge Francis Viamontes affirmed in part, reversed in part.

Procedure:

Carner v. Singer, 51 Fla. L. Weekly D1183 (Fla. 4th DCA 2026).  Attorney improperly filed a lis pendens during an enforcement action. The litigation privilege does not protect an attorney from a malicious prosecution claim arising from the filing of a lis pendens. Opinion includes a lengthy discussion regarding lis pendens. Judge Michael A. Robinson reversed.

Gaul v. Gaul, 51 Fla. L. Weekly D1159 (Fla. 6th DCA 2026).  Sixth DCA sides with the First, Fourth, and Fifth DCAs and interprets section 61.08(11) to mean pendency ends upon entry of final judgment. Judge Elisabeth Adams affirmed in part, reversed in part.

Williams v. Williams, 51 Fla. L. Weekly D1131 (Fla. 4th DCA 2026).  Trial court erred by reserving power to determine additional items in equitable distribution, as final judgments should be final.   Judge Anastasia M. Norman affirmed in part, reversed in part.

Smith-Fullerton v. Fullerton, 51 Fla. L. Weekly D1097 (Fla. 5th DCA 2026).  Trial court erred denying Wife’s motion to disqualify law firm representing the Husband after presiding judge joined the firm. Judge Robert W. Pickens Ⅲ. reversed. 

Avery v. Beauzil, 51 Fla. L. Weekly D1068 (Fla. 4th DCA 2026).  Pro se appellant sanctioned for his egregious use of AI which contained misleading case authority which were not supported by cited authority. Appellant required to have future pleadings signed by an attorney.

Protective Injunctions:

Muoio v. Safinya, 51 Fla. L. Weekly D1164 (Fla. 3d DCA 2026).  Appeal of order denying motion to dissolve injunction affirmed where appellant failed to provide a record or transcript. Judge Marie Elizabeth Mato affirmed.

Graham v. Saintil, 51 Fla. L. Weekly D1076 (Fla. 3d DCA 2026).  Order denying motion to dissolve injunction affirmed because appellant did not demonstrate abuse of discretion and did not provide trial transcript. Judge Elisabeth Espinosa Marin affirmed.

Support:

Sangha v. Riedel, 51 Fla. L. Weekly D1116 (Fla. 4th DCA 2026).  Trial court erred in awarding lump sum child support because no statutory or precedential authority allows for such award. Lump sum amount of undercalculated support affirmed. Award of legal research costs reversed as not permissible in dissolution matters, Judge James Laird Martz Ⅱ. affirmed in part, reversed in part.

Temporary Relief:

Ehiabor v. Ehiabor, 51 Fla. L. Weekly D1197 (Fla. 1st DCA 2026).  Temporary awards of attorney’s fees require findings on need, ability, and reasonableness requires written findings of fact even under revised section 61.08. Temporary fees may be prospective, retrospective, or both. No motion for reconsideration is required to preserve lack-of-findings error. Credit cards and loans used to pay fees do not eliminate need. Judge John L. Miller Jr. reversed.