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Miami Family Lawyer
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
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
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 amended final judgments are entered, appeal deadlines may become confusing. In many cases, a motion for reconsideration or rehearing must be filed prior to an appeal being taken, further adding to confusion of deadlines. This was an issue in the case Miller v. Ko, 3D23-2229 (Fla. 3d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties agree to resolve an issue before trial, can the trial court make rulings that may contradict the agreement? In the case Taha v. Hassan, 6D2024-1270 (Fla. 6th DCA October 3, 2025), the parties entered a stipulation regarding equitable distribution, yet the trial court ordered the husband to make an equalizing payment to the wife for the husband’s alleged dissipation of marital assets.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida marital settlement agreements or other family law agreements have prevailing party clauses. These clauses indicate that if there is future litigation, the prevailing party will be awarded attorney’s fees to be paid by the other party. What if there is a “tie” and the court finds that no one prevailed? This was an issue in the case Pierre v. Honore, 3D25-0357 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party seeking to have the other party in a Florida family law case pay his or her attorney’s fees and costs must demonstrate a need for the fees, and the ability of the other party to pay the fees. Imputation of income may be a factor the court considers in determining need and ability to pay. This was an issue in the case Gutierrez v. Gutierrez, 3D24-0895 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a writ of mandamus in a Florida family law case? This is a petition filed with the appellate court which basically asks the appellate court to direct the trial court to take some action. This was an issue in the case Gooch v. Cowan, 1D2024-3285 (Fla. 1st DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The importance of having a court reporter at a Florida family law hearing was highlighted again in a recent appellate case: Shaw v. Shaw, 3D24-1393 (Fla. 3d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a partition of property be ordered in a Florida paternity case? It was in the recent appellate case Diaz v. Nolan, 5D2024-1065 (Fla. 5th DCA March 21, 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
Can a Florida family law court impose sanctions for non-compliance with discovery. Yes, but the power to do so is not unlimited. This was an issue in the case Prichard v. Galicia, 3D24-2174 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Failure to rebut evidence at a Florida divorce trial may result in the court awarding relief requested by the other party. Rebutting evidence means presenting your own evidence that contradicts or disproves what the other party is claiming. This was an issue in the case Verdasco v. Vazquez, 3D24-0019 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When considering appealing a Florida family law order, knowing the deadlines for appeal and filing of various motions is important. Failure to follow these strict deadlines may result in the dismissal of an appeal, even one that may have merit. This was an issue in the case Jamison v. Knox, 5D2024-0934 (Fla. 5th DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A marital settlement agreement in Florida will be enforced as written - a court is not free to rewrite the terms of a contract. This is why the wording used in contracts is important. This was an issue in the case Hurley v. Veon, 5D2021-2409 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
“Am I allowed to represent myself in a Florida family law case?” This is a frequently asked question that many may have because they feel they cannot afford to pay a lawyer to represent them. The right to proceed without a lawyer in a Florida family law case is not absolute. That is, the court can prohibit a party from proceeding without a lawyer, and this was an issue in the case Clark v. Baney, 1D22-118 (Fla. 1st DCA January 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A question sometimes asked in Florida family law cases is “Will I be required to provide my medical records to the opposing party?” The answer depends on what is at issue in your case. Even if your medical records are deemed to be relevant, the Court still must recognize a party’s right to privacy regarding medical records. This was an issue in the case Whittington v. Whittington, 1D21-2117 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even if Florida is determined to be the home state of a child in a Florida child custody proceeding, the Florida courts may not be convenient because the child and one parent live in a different state. If this is the case, a parent may file a motion to dismiss based on forum non conveniens. This was at issue in the case Murphy v. Collins, 3D20-658 (Fla. 3d DCA September 9, 2020).
Posted by Nydia Streets of Streets Law
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