Happy New Year! Caryn and I recently invalidated a prenuptial agreement. While this litigation seemed common 20 years ago, these issues do not present as often as they used to. If interested.... for you reading pleasure.... here is the order issued yesterday invalidating a prenuptial agreement based upon the "indirect method". Enjoy! O-Invalidating Prenup 1.11.23_RedactedDownload
In law school I was always taught that attorneys' fees had to be pursuant to statute and contract and the basis had to be plead to put the other side on notice. In Caufield v. Caufield, 837 So.2d 371 (Fla. 2002), the Florida Supreme Court clarified that when making a claim for attorney's fees, “the... Continue Reading →
Happy New Year! Below you can download our digital 2022 Squib Annual. All the Florida Family Law Appellate opinions summarized! We hope you have an incredible year!!!!!! (To download, click the download button below). stephens-squibs-22-annualDownload Our blog had it's best year in 2022: Thanks for being part of it! 🙂 -eddie
Ever since I was chair of a Florida Bar grievance committee, I have taken the time at the end of the year and take ALL of the Florida Bar's Disciplinary Actions, and organize them in order of severity. By looking at data in this manner, patterns easily appear. It takes a little time to sort... Continue Reading →
FIRST DISTRICT COURT OF APPEALSTATE OF FLORIDA No. 1D20-2444 TOMMY WAYNE GUIMBELLOT,Appellant,v.PATRICIA LYNN GUIMBELLOT,Appellee. On appeal from the Circuit Court for Santa Rosa County. John F. Simon, Jr., Judge. December 22, 2022 B.L. THOMAS, J. In this dissolution appeal, the former husband seeks review of the trial court’s equitable distribution and awards of permanent periodic... Continue Reading →
ICYMI: Click here to buy Eddie's PHYSICAL Squib Book (2023 Edition). Click here to buy Eddie's KINDLE Squib Book (2023 Edition). Click here to subscribe to Stephens & Stevens Annual CLE Series Click Here to register for Tips on How to Pass Board Cert (No CLE Credits Offered). Note: For those paying attention, "Squib" is... Continue Reading →
Foreword by Mitch Simmons
Alimony: Leyte-Vidal v. Leyte-Vidal, 47 Fla.L.Weekly D2160 (Fla. 4th DCA 2022). Trial court erred awarding wife with $6,500 in alimony when based on wife’s own testimony she only needed $6,000 per month. Judge Nickolaus Hunter Davis, affirmed in part, reversed in part. Appeals: Finch v. Cribbs, 47 Fla.L.Weekly D2232 (Fla. 1st DCA 2022). Lengthy discussion... Continue Reading →
Attorney Fees: Cletcher v. Cletcher, 348 So.3d 1223 (Fla. 2nd DCA 2022). Error to award fees to party in superior financial condition when no findings of bad faith in record. Judge Joshua Riba affirmed in part, reversed in part. Equitable Distribution: Iarussi v. Iarussi, 47 Fla.L.Weekly D2079 (Fla. 1st DCA 2022). Trial court erred awarding prejudgment interest to date... Continue Reading →
Happy almost Thanksgiving. I have been a divorce attorney for 25 years and Board Certified since 2004. I have seen a lot. Yesterday the Court issued a final judgment on one of the most complex cases I have ever litigated. It involved fraudulent transfers, constructive trusts, bankruptcy, multiple third party defendants, a half million lump... Continue Reading →
Stephens & Stevens - Marital & Family Law 