Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law order is appealed, and the appellate court reverses a ruling with instructions to the trial court to correct it or take some other actions, can the trial court take additional actions with regard to the order being appealed? This was an issue in the case Marcellus v. Peterson, 4D2023-2495 (Fla. 4th DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the standard for disqualification of a lawyer in a Florida family law case? This was an issue in the case Palma v. Alamilla, 3D25-1181 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under the Florida Rules of Family Law Procedure, a party can seek to vacate an order entered against that party within certain timeframes and under certain conditions. Usually, a hearing is required when this type of motion is filed. This was an issue in the case Rojas v. Best Taxi Service Corporation, et. al., 3D24-0989 (Fla. 3d DCA September 3, 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
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
When can a lawyer be disqualified in a Florida family law case? There are multiple instances which are listed in the Florida Rules of Professional Conduct which are rules by which lawyers must abide in practicing law in this state. Disqualification of a lawyer was an issue in the case Palma v. Alamilla, 3D25-1110 (Fla. 3d DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a court imputes income to a parent in a Florida child custody case for gifts that parent receives from third parties, there must be specific findings made to support this conclusion. This was an issue in the case Gonzalez v. Rodriguez, 3D24-0712 (Fla. 3d DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important thing to remember about Florida family law appeals is that failure to raise certain issues with the trial court or untimely appeals can be fatal to an appeal. This was an issue in the case Nisewonger v. Nisewonger, 1D2024-0462 (Fla. 1st DCA August 13, 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
A party to a Florida family law case that is appealed can request payment of costs by the opposing party when an appeal is taken. In the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 30, 2025), there was a dispute as to whether costs awarded by the court were proper in light of the fact that they were associated with the appeal of a domestic violence injunction which was reversed and remanded to put in place a temporary injunction pending a full hearing as to a permanent injunction.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a dismissal for lack of prosecution in a Florida family law case? This means the court dismissed a case because there was no activity for a long period of time (usually around 10 months). Before a case is dismissed for lack of prosecution notice is sent to both parties indicating that if action is not taken to progress the case within a certain period of time, the case will be dismissed. Can a case be re-opened if it is dismissed for lack of prosecution. In certain circumstances, yes. This was an issue in the case Castillo v. Valbonesi, 3D24-1780 (Fla. 3d DCA July 30, 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
A party who is pro se (meaning self-represented) in a Florida family law case is subject to the same rules of procedure as a party represented by a lawyer. Pro se parties who continuously file improper documents in a case may be subject to sanctions from the court, one of which is that a party can be barred from filing further documents with a lawyer representing him or her. This was an issue in the case Makaver v. Pozuelos, 3D25-0158 (Fla. 3d DCA June 25, 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
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 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
If a party fails to prosecute a Florida family law case, the case can be dismissed. Under Florida Rule of Family Law Procedure 12.420, if there has been no activity in the case for at least 10 months, the court may dismiss the case, but notice must be given in advance. This was an issue in the case Viera v. Viera, 3D24-2208 (Fla. 3d DCA May 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a case is dismissed with prejudice in a Florida family law proceeding? This means the matter that is dismissed cannot be refiled and is forever barred. If a case is dismissed without prejudice, it means the matter can be re-filed at a later date and/or when circumstances change. Dismissal with prejudice is usually a drastic measure and is used only under stringent standards. This was an issue in the case Cabrera v. Miranda, 3D24-1993 (Fla. 3d DCA April 30, 2025).
