Miami family law attorney blog
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Florida Family Law Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party decline to produce certain records in a Florida family law case because of the Fifth Amendment privilege against self-incrimination? This was an issue in the case Fields v. Coletta, 3D24-1177 (Fla. 3d DCA September 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an order is reversed on appeal, a party cannot be held in contempt of that order later. This was an issue in the case Rich v. Rich, 2D20-707 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to challenge a final judgment based on a fraudulent financial affidavit? According to the Family Law Rules of Procedure, there is no time limit. A recent case, however, questions whether or not this rule allows a party to challenge a final judgment more than 10 years later and certifies this question to the Florida Supreme Court. The case is Mason v. Mason, 1D22-1871 (Fla. 1st DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long do I have to appeal my Florida family law case? The answer depends on many factors, one being whether or not the order being appealed is final or non-final. In most cases, it is important to file a motion for rehearing, and this motion may or may not pause the deadline for appeal. This was an issue discussed in the case Danforth v. Danforth, 6D23-207 (Fla. 6th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is hearsay in a Florida family law case? The definition of hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Basically, hearsay is a statement made outside of court. So if someone testifies “John told me last week…” what John said is hearsay. Hearsay is not allowed in a Florida family court hearing unless there is a valid hearsay exception listed in Florida Statute 90.803 or 90.804. Hearsay was an issue in the case Wells v. Wells, 2D21-3406 (Fla. 2d DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party wants to set aside a Florida paternity order, there are certain steps which must be followed by certain deadlines. If a party believes there is a basis to have an order overturned or reversed, that party may be able to seek relief under Florida Family Law Rule of Procedure 12.540. The case Williams v. Taylor, 3D19-1926 (Fla. 3d DCA May 27, 2020) examines those steps.
