Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the fact that a lawyer may be called as a witness in a Florida family law case enough to disqualify the lawyer from representing a party in the case? This was an issue in Rivera v. Rivera-Chong, 1D2024-2697 (Fla. 1st DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to disqualify a judge in a Florida family law case, the motion is reviewed by the judge who is the subject of the motion. If this is the first time the party has filed a motion to disqualify, the judge may not comment on the substance of the motion, and may only enter an order granting or denying the motion as legally sufficient. This was an issue in the case Marquez v. Oran, 3D25-2255 (Fla. 3d DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Obtaining a psychological evaluation in a Florida family law case requires a showing that the mental condition of a party is in controversy and that there is good cause for the examination. This was an issue in the case Ruiz v. D’Arbelles, 3D25-2192 (Fla. 3d DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to disqualify a judge is initially filed in a Florida family law case, usually the judge has 30 days to rule on the motion or it is deemed automatically granted. This was an issue in the case Banks v. Banks, 4D2025-3026 (Fla. 4th DCA February 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family court prevents expert witnesses from testifying, it may be due to a party’s failure to timely disclose the witness and/or the witness’ opinions. This was an issue in the case Aguilar v. Leal, 3D25-2261 (Fla. 3d DCA January 28, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Whose burden is it to prove that requested attorney’s fees and costs are warranted in a Florida family law case? This was an issue in the case Jackowska v. Blessitt, 2D2024-2826 (Fla. 2d DCA January 23, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes, parties may be confused as to what orders are appealable in a Florida family law case. In the matter of Schneider v DeSantis, 1D2025-2609 (Fla. 1st DCA January 28, 2026), the appeal of an order granting a motion to dismiss was at issue.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sanctions may be imposed against a party in a Florida family law case who violates court orders. Before the sanctions are imposed, usually a hearing must be held. This was an issue in the case Delgado v. Miller, 3D25-2209 (Fla. 3d DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A clerk can enter a default against a party who fails to timely respond to a Florida family law petition. The party who is affected can request that the default be set aside. The appeal of an order setting aside a clerk’s default was an issue in the case Judd v. Judd, 2D2025-0930 (Fla. 2d DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party files a motion to disqualify a judge more than once in a case, different standards may apply in determining successive motions. This was an issue in the case Bonczyk v. Wolfe, 3D25-2173 (Fla. 3d DCA January 14, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even when attorney’s fees are awarded as a sanction for contempt in a Florida family law case, the court must usually make findings as to need and ability to pay. This was an issue in the case Crane v. Crane, 3D24-2262 (Fla. 3d DCA January 14, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
While an appeal of a Florida family law case may have strong merit, it may not matter if the appeal is not timely filed. This was an issue in the case Jad v. Abinuman, 5D2024-2775 (Fla. 5th DCA January 2, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party’s phone be subpoenaed in a Florida family law case? This was an issue in the case De Armas v. De Armas, 3D25-1993 (Fla. 3d DCA December 31, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Before a party can appeal a Florida family law case, he or she usually must give the trial court an opportunity to correct any claimed errors before appealing. This is typically done via a motion for rehearing. This was an issue in the case Leman v. Tal, 3D24-2238 (Fla. 3d DCA December 31, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Review of a general magistrate’s findings in a Florida family law case is limited to “determining whether the general magistrate’s factual findings are supported by competent, substantial evidence and whether the magistrate applied the correct standards.” See Cohen v. Alkobi, 4D2025-1056 (Fla. 4th DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law judge adopts a final judgment, verbatim, which was prepared by one party’s lawyer, is this a reason to have the final judgment set aside? This was an issue in the case Broche v. Broche, 3D25-1052 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the “substantial truth doctrine” in Florida family law? This was explained in the brief appellate opinion issued in the case Blair v. Baller Alert, Inc. 3D25-0941 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a default is entered against a party in a Florida family law case? This means the party admits the well-pled allegations of the petitioner’s complaint in the case, and because of these admissions, the court may be able to enter judgment against the defaulted party without a trial or hearing. A default can be set aside, and this was an issue in the case Highsmith v. Britten, 2D2025-0679 (Fla. 2d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an attorney seeks to enforce a charging lien in a Florida family law case, four elements must exist: (1) a valid contract, express or implied, between attorney and client; (2) their shared understanding that payment depends on recovery; (3) the client’s attempt to avoid payment or a dispute over the amount owed; and (4) timely notice of the lien. See Baldwin v. Beam, 5D2024-2423 (Fla. 5th DCA December 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a final judgment is appealed along with the denial of a motion to disqualify a judge, how does the granting of the motion to disqualify the judge affect the appeal of the final judgment? This was an issue in the case Ussin v. Wood, 5D2025-0426 (Fla. 5th DCA November 21, 2025).
