Miami family law attorney blog
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Miami family law attorney
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
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
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
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
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
Appealing your Florida divorce judgment may require that you file a motion for reconsideration or rehearing before you file your appeal. This is because you usually must exhaust all available remedies in the trial court before an appeal. This was an issue in the case Hewell v. Hewell, 3D24-1501 (Fla. 3d DCA August 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida family law agreements have what is known as a “prevailing party clause” which states that if litigation is brought to enforce terms of the agreement, the prevailing party will have his or her attorney’s fees paid by the other party. Does an award under this type of clause require expert testimony as to the reasonableness of attorney’s fees? This was an issue in the case Cohen v. Cohen, 4D2024-1339 (Fla. 4th DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party may disagree with the trial court’s assessment of the evidence in a case, but this alone is not grounds for appeal. The appellate court usually will not second-guess the judgment of the trial court judge since he or she had the advantage of reviewing live testimony and assessing witness credibility. This was an issue in the case Tropper v. Corti, 3D24-1320 (Fla. 3d DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party is accused of indirect criminal contempt in a Florida family law case, the case takes on criminal procedure elements that must be satisfied in order for the court to enter a judgment of contempt. Can prosecution costs be assessed against the accused if he or she is found to be in contempt? This was an issue in the case Robilotta v. Karkhoff, 4D2023-3049 (Fla. 4th DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified from representing a spouse in a Florida divorce case? Disqualification of a lawyer is an extraordinary remedy,. This was an issue in the case Phinney v. Phinney, 3D24-1314 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process in a Florida family law case refers to the right of each party to fully participate in the proceeding with notice and and opportunity to be heard. Due process is an important to ensure each party has a fair and meaningful opportunity to participate in the proceedings. This was an issue in the case Rodriguez v. Rodriguez, 3D23-1817 (Fla. 3d DCA August 21, 2024).
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 Family Law Procedure
What is summary judgment in a Florida family law case? This is a judgment entered by the court when there is no issue of material fact. In other words, when the court finds that there is no genuine dispute regarding an issue in the case, the court will skip conducting a trial on the issue. The court will instead just enter a judgment on the issue. In a way, this is an expedited way of getting a final judgment. One example would be if the parties agree in a paternity case that the father is the biological and legal father of a child. Since the parties agree, there is no need to have a trial on this issue, so the court can enter summary judgment declaring the father to be the father. Can summary judgment be entered on appeal? This was an issue in the case Saenz v. Sanchez, 3D24-0862 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Must a final judgment of divorce in Florida specifically reserve jurisdiction on an issue in order for it to be considered later? Depending on prior orders entered in the case, the final judgment may not need such specificity. This was an issue in the case Shah v. Siddiqui, 4D2023-1125 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
If DNA testing shows a male is not related to a child, does this mean the male is not the legal father of the child? If the male is listed on the birth certificate, he is the legal father until otherwise determined. Biological connection is not the determining factor in establishing legal parenting rights over a child. This was an issue in the case N.D. v. J.B., 2D23-686 (Fla. 2d DCA March 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a dismissal with prejudice in a Florida family law case? This means the case is dismissed and cannot be filed again. So the claims are forever barred. This is one of the harshest penalties in litigation, so it must be used sparingly and with specific considerations. This was an issue in the case Chesterson Capital, LLC v. Yancy, 2D22-3628 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Due process usually requires that all parties be on notice as to what will be considered at trial. Notice is typically given via the pleadings. If a party tries to request something at a hearing or trial that was not included in their pleadings, the other party can object. If the other party does not object, the issue may be tried by consent. This was discussed in the case Alarcon v. Dagen, 3D22-140 (Fla. 3d DCA November 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the deadline to file a motion requesting reimbursement of costs in a Florida family law case? In a recent appellate case, the decision by the trial court to apply a “reasonable time” standard in deciding if a motion to tax costs was timely was reviewed. The case is Mollerstrom v. Zambrana, 4D22-2670 (Fla. 4th DCA August 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to disqualify a judge is filed, the judge reviews the motion and has a deadline by which to rule on the motion before it is automatically granted. If the judge issues a timely order on the motion, the order must meet certain requirements set forth in rules of procedure. This was an issue in the case Jada v. Harrison, 5D23-535 (Fla. 5th DCA August 11, 2023).
