Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order versus a final order for purposes of appealing a Florida family law order? A non-final order is one that is usually entered that requires further judicial labor and/or is a temporary or interim order while a case is still pending. A final order is one which requires no further judicial labor and puts the issue in the order to rest. The distinction was an issue in the case Wages v. Baez, 3D25-1561 (Fla. 3d DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is all relevant evidence admissible in a Florida family law case? The short answer is no. This was an issue in the case Gonzalez v. Manesh, 3D24-0741 (Fla. 3d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It may be fatal to a Florida family law appeal if a party fails to raise certain arguments before the trial court. Failing to raise the argument with the trial court before raising it with the appellate court may be deemed as a waiver of the argument. This was an issue in the case Khare v. Khare, 3D25-0151 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is summary judgment in a Florida family law case? This is a procedure in which a party requests the court to grant or deny a petition without going to a trial or having further proceedings because the evidence in the case so far shows that there is nothing to dispute at trial. A party can attach affidavits to a motion for summary judgment for the court to consider in making its ruling. This was an issue in the case Sanz v. Herrera, 3D24-2046 (Fla. 3d DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who wants to challenge the other party’s right to take depositions in a Florida family law case may have to file a motion for a protective order. This was an issue in the case Delgado v. Miller, 3D25-1721 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a court determine the marital portion of a non-marital property that is not solely owned by a spouse? For example, a spouse may have purchased a home prior to the marriage and that spouse may own the property jointly with his or her parent. Therefore, depending on how the property is titled, the spouse may only own fifty percent of the property as his or her non-marital portion. This was an issue in the case Wilson v. Hurter, 2D2024-1954 (Fla. 2d DCA September 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Writs of garnishment are used in Florida family law cases to collect money judgments. This is an order that allows money from bank accounts to be involuntarily withdrawn to satisfy attorney’s fees or support orders, for example. This was an issue in the case Baumann v. Agudelo, 3D25-0755 (Fla. 3d DCA September 24, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for due process requirements to be met in a Florida family law case, each party must be given notice and an opportunity to be heard. This was an issue in the case Saladino v. Saladino, 6D2024-2107 (Fla. 6th DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious or abusive litigation in a Florida family law case? This is litigation that is deemed unnecessary, frivolous, or usually designed to delay or frustrate the progress of the case. If a party is deemed to be vexatious, the court can levy sanctions which may include prohibition from filing case documents without hiring a lawyer to do so. This was an issue in the case Wiendl v. Wiendl, 2D2024-1861 (Fla. 2d DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Should you hire a court reporter for your Florida family law hearing? In most cases, it is important to do so, because the court reporter prepares a transcript of what was said at the hearing. Without this transcript, you may not be able to appeal the court’s ruling. This was an issue in the case Lopez v. Fernandez, 3D25-486 (Fla. 3d DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A general magistrate’s recommended order in a Florida family law case can be reviewed by the judge presiding over the case if a party timely files a motion to vacate the recommended order. What standard does the judge use to determine if the recommended order should be vacated? This was an issue in the case Rodriguez v. Gonzalez, 3D25-0551 (Fla. 3d DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is summary judgment in a Florida family law case? This is a judgment by the court that there are no genuine issues of material fact to litigate, and therefore trial is not necessary on a claim, so the court is summarily determining the merits of the case. Summary judgment might be appropriate, for example, where a marital settlement agreement states alimony is non-modifiable, and then a party files a petition to modify. This type of judgment was an issue in the case Meruelo v. Meruelo, 3D24-0992 (Fla. 3d DCA May 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under Florida Family Law Rule of Procedure 12.540, a party can move to vacate an order under certain circumstances. Depending on the circumstance, there are different deadlines for moving to vacate the order under that rule. This was an issue in the case Tucker v. Tucker, 5D2024-2111 (Fla. 5th DCA April 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the right to proceed pro se, or self-represented in a Florida family law case absolute? Florida case law indicates it is not because pro se litigants who excessively or vexatiously litigate can be sanctioned and/or prohibited from filing anything further without a lawyer. This was an issue in the case Abboud v. Abboud, 5D2024-0799 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, parties can request to set aside a judgment for specified reasons under Florida Family Law Rule of Procedure 12.540. If such a motion is filed, an evidentiary hearing is usually required. This was an issue in the case Ravelo v. Payret. 3D23-1840 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
We see repeatedly in Florida family law cases the consequences of not having a transcript of your trial prepared - even if you have a case that could be successful on appeal, the lack of a transcript could derail your chances of success. Lack of a transcript was an issue in the case Fernandez v. Gonzalez, 3D24-1153 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the difference between civil contempt and criminal contempt in a Florida family law case? The key difference turns on the goal of the contempt - if it is to persuade a person to take action, it is civil contempt.; if it is to punish a person for wrongdoing, it is criminal contempt. Each type carries different procedures. This was an issue in the case Portee-Jones v. Portee, 1D2023-0049 (Fla. 1st DCA February 26. 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Issues that are ruled on at a hearing in a Florida family law hearing must be requested in the pleadings filed by the parties or tried by consent. To determine whether an issue was tried by consent, the following factors are considered: “(1) ‘whether there was 'a fair opportunity to defend' the issue’ and (2) ‘whether the defending party 'could have offered additional evidence' if the issue had been included in the operative pleading or motion." Campana v. Trabold, 2D2024-0216 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Filing your petition for appeal in the correct court is one of the first steps to protecting your appellate rights. Since there are strict deadlines to follow in appellate matters, the failure to timely file in the correct court can be fatal to an appeal. This was an issue in the case McGann v. Walker, 1D2023-1294 (Fla. 1st DCA December 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can I seal my Florida family law case? Florida Rule of General Practice and Judicial Administration 2.420 sets forth the conditions under which court records are determined to be confidential and therefore unviewable by the public. Florida court proceedings are generally presumed to be public records with few exceptions. Disclosure of records in a sealed Florida litigation case was an issue in the case Crouch v. Brumer, et. al., 3D24-0287 (Fla. 3d DCA October 30, 2024).
