Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When appealing a Florida family law order, it is important to understand if the order is final or non-final. If it is non-final, it is important to understand if the appellate rules of procedure allow it to be appealed. Understanding these issues can avoid potential waste of money and time in appealing an order that may not be appealed under the rules. This was an issue in the case Gaskins v. Bahour, 2D2023-2617 (Fla. 2d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse in a Florida divorce lives outside of Florida, personal jurisdiction issues may arise. The spouse seeking a divorce in Florida may have issues getting relief from a Florida divorce court on any issue that requires personal jurisdiction (such as financial relief) if the other spouse has never lived in Florida or otherwise is not subject to jurisdiction in Florida. This was an issue in the case Fradera v. Fradera, 5D22-53 (Fla. 5th DCA November 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the Florida long-arm statute? This is a rule that specifies under what conditions a non-resident of Florida can be served with a lawsuit and a court can exercise personal jurisdiction. In a family law proceeding, the long-arm statute comes into play when. for example, a spouse moves to Florida and tries to divorce a spouse living outside of Florida. This statute was an issue in the case Murphy v. Murphy, 1D20-1117 (Fla. 1st DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can you amend your Florida family law petition? Sometimes parties forget to ask for certain relief in their pleadings such as alimony. If relief is not requested in a petition, it usually cannot be granted by the court. This is why permission to amend pleadings are liberally granted. But there are limits. This was an issue in the case DiGiacomo v. Mosquera, . 3D20-463 (Fla. 3d DCA June 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party voluntarily dismisses a Florida family law case, the court no longer has jurisdiction over the dismissed case. This means the same case cannot be re-opened and re-litigated. A party wishing to proceed again on the case needs to file a new case under a new case number. In the recent appellate case Carlton v. Zanazzi, 2D18-603 (Fla. 2d DCA March 6, 2019), the court reviewed a case in which a divorce was dismissed but then later re-filed under the previous case number.
