Eddie Stephens – Family Law

Squibs by: Eddie Stephens, Esquire

Edited by: Noelle Stone, Esquire

Appeals:

Harris v. Bohler, 51 Fla. L. Weekly D1384 (Fla. 4th DCA 2026).  Untimely appeal of stalking injunction dismissed.

Kerrigan v. Kerrigan Page, 51 Fla. L. Weekly D1363 (Fla. 2d DCA 2026).  Trial court reversed for failing to account for the paydown of a note and mortgage with marital funds on a nonmarital property after being instructed to do so in a previous appeal. After reconfiguring the equitable distribution, the trial court may choose to  award statutory interest from the original date of entry of the final judgment. Judge Brian Gnage reversed.

Abboud v. Abboud, 51 Fla. L. Weekly D1309 (Fla. 5th DCA 2026).  Pro Se Appellant cautioned against continuing to file repetitive and frivolous filings in order to revisit the same theories and grounds proposed before.

Wells v. Wells, 51 Fla. L. Weekly D1276 (Fla. 1st DCA 2026).  Appellant never submitted a transcript or proposed statement of proceedings and instead attempted to comply with Fla. R. App. P. 9.200(b)(5) by seeking to create a substitute transcript after the appeal was briefed, and affirmance under Applegate was essentially imminent. Fla. R. App. P. 9.200(f)(2) is not intended to cure inadequacies in the record that result from a failure to maintain a record. Judge Susanne Wilson Bullard affirmed.

Kopel v. Kopel, 51 Fla. L. Weekly D1304 (Fla. 2d DCA 2026). Former Wife fails to point out any error associated with award of attorneys fees. Judge Rochelle Curley affirmed.

Equitable Distribution:

Stewart v. Vindel, 51 Fla. L. Weekly S222 (Fla. 2026).  Prejudgment interest is a remedy available to achieve equity in distribution of property but must have some facts or circumstances to justify award.  Labarga dissent.

Enforcement:

Anicama v. Anicama, 51 Fla. L. Weekly D1298 (Fla. 4th DCA 2026).  Concurring opinion explains that a requirement to pay all or a portion of a mortgage payment, when the payment is in the nature of property distribution, is not enforceable by contempt. Judge Kristin Raybon Kanner affirmed.

Parenting:

Baez v. Edwards, 51 Fla. L. Weekly D1387 (Fla. 1st DCA 2026).  Trial court affirmed where parties both alleged a substantial change in circumstances for different reasons, and trial court found record and evidence supported a finding of a substantial change of circumstances. Mother’s claim for attorney’s fees was properly denied because she did not plead for them. Judge David Stevens affirmed.

Bass v. Lefebvre, 51 Fla. L. Weekly D1347 (Fla. 4th DCA 2026).  Parenting plan that establishes progressive time sharing that delegates future time sharing decisions to a third party is reversed. Requirement that Father maintain life insurance without making the required findings and that Father is to pay all timesharing related travel expenses is also reversed. Trial court further erred in awarding retroactive child support beyond the twenty-four (24) statutory limitation. Judge Robert Lee Pegg affirmed in part, reversed in part.

Gruber v. Orshan, 51 Fla. L. Weekly D1326 (Fla. 3d DCA 2026).  Litigant sought prohibition or in the alternative a writ of mandamus to disqualify every judge in the Eleventh Circuit (81 judges) because opposing party was stepdaughter of the Chief Judge. Prohibition not appropriate as there was another legal remedy, and writ of mandamus not appropriate as Chief Judge has no duty to adjudicate a parties request where they have never presider over any portion of the case.

Panov v. Panova, 51 Fla. L. Weekly D1473 (Fla. 3d DCA 2026). Internal inconsistency between final judgment and parenting plan regarding who hold’s children’s passports reversed for clarification. Judge Ivonne Cuesta reversed.

Paternity:

Cannon v. Lane, 51 Fla. L. Weekly D1512 (Fla. 5th DCA 2026).  Order requiring paternity test quashed where paternity action seeking adult support filed well after dependent adult child emancipated. Judge Mark Edward Herr’s order quashed.

Procedure:

O’Donnell v. O’Donnell, 51 Fla. L. Weekly D1440 (Fla. 4th DCA 2026).  Trial court erred by failing to include stipulation on duration of alimony. Failure to enter an IDO pursuant to 61.1301(1)(a) was reversible error. Former Husband engaged in self-help by unilaterally deducting boat repair costs from alimony payments. Judge Elaine Alexandra Carbuccia affirmed in part, reversed in part.

DOR v. Seymore, 51 Fla. L. Weekly D1382 (Fla. 4th DCA 2026).  Litigant waived any challenge to personal jurisdiction by actively litigating the case for over ten (10) years before challenging service. Judge Elaine Alexandra Carbuccia reversed.

Bernat v. Mendez, 51 Fla. L. Weekly D1326 (Fla. 3d DCA 2026).  Concurring opinion explains that because no transcript was provided appellate court can’t assess whether any reversible error existed. Judge Diana Vizcaino affirmed.

Alcalde v. Alcalde, 51 Fla. L. Weekly D1295 (Fla. 3d DCA 2026).  Laches defense affirmed where Former Husband stopped paying support after the parties reconciled for a period of six years and Former Wife told him not to sweat child support because he was paying other household expenses of $3,500/month. Judge Ivonne Cuesta affirmed.

Protective Injunctions:

Guerra o/b/o H.G. v. Mincieli, 51 Fla. L. Weekly D1418 (Fla. 6th DCA 2026).  Order dismissing injunction for lack of venue reversed. Fact that Petitioner has a pending case in another county was not appropriate, as there was another legal remedy. Judge Amanda Levy-Reis reversed.

Support:

Baranowski v. Tesh, 51 Fla. L. Weekly D1465 (Fla. 2d DCA 2026). Special or unusual circumstances no longer needed to justify lump sum alimony under new statute, but also see Coltea 856 So.2d 1047. Trial court failed to include alimony wife was awarded in determining child support. Judge Brian Gnage affirmed in part, reversed in part.

Da Silva v. Labriola, 51 Fla. L. Weekly D1478 (Fla. 3d DCA 2026). Trial court affirmed in denying Wife alimony despite testimony from her treating neurologist and psychologist supporting her claims that chronic migraines and depression impaired her ability to work. Trial court able to reject expert testimony where reasonable evidentiary basis to so. Judge Oscar Rodriguez-Fonts affirmed in part, reversed in part.

Attorney’s Fees:

Da Silva v. Labriola, 51 Fla. L. Weekly D1478 (Fla. 3d DCA 2026). Trial court erred in award of attorneys fees under F.S. 61.16 without an evidentiary hearing.  Judge Oscar Rodriguez-Fonts affirmed in part, reversed in part.