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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under Florida Statute Chp. 57.105, a party can seek attorney’s fees from the other party in a Florida family law case for raising unsupported claims in the case. This requires a specific procedure, and the language of the statute must be adhered-to. This was an issue in the case Rose v. Rose, 6D2023-4209 (Fla. 6th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The Florida Family Law Rules of Procedure allow a court to enter a default final judgment against a party who fails to timely respond to a petition. A default means the petitioner’s well-pled allegations are taken as true. A party against whom a default has been entered can file a motion to set it aside. This was an issue in the case Toledo v. Torres, 3D25-0552 (Fla. 3d DCA April 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An attorney’s charging lien can be enforced in a Florida family law case under specific circumstances. As cited in a recent Florida family law appellate case: “‘In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.’ [internal citation omitted]. However, merely filing ‘a notice of intent to claim a charging lien in the pending original action by the attorney does not establish the attorney’s lien against the judgment nor give adequate constructive notice of the attorney’s charging lien to parties dealing with the client with respect to the judgment.’ [internal citation omitted].” John F. Schutz, P.L. v. Ally Financial Inc., 4D2024-2838 (Fla. 4th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an issue is appealed in a Florida family case, lack of a transcript is usually fatal to the appeal. Does it matter if a legal, versus a factual, issue is being appealed? This was discussed in the case Harris v. Lagana, 6D2025-0548 (Fla. 6th DCA March 13, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to challenge a recommended order of a general magistrate in a Florida family law case, the party must seek a hearing at the same time the party files a motion to vacate the order. This was an issue in the case Dunac v. Dunac, 4D2025-0551 (Fla. 4th DCA March 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important finding in a contempt proceeding in a Florida family law case is the ability of the alleged contemnor to pay the purge amount ordered. As cited in Wolfson v. Pardes, 3D25-2509 (Fla. 3d DCA March 11, 2026): “Where a party is being sanctioned for civil contempt for failing to abide by a court order, that person must carry the key to his cell in his own pocket.” (internal citation omitted).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Does a new order on the same issue in a Florida family law case restart appeal timelines? This was an issue in the case Skilton v. Mordekhay, 4D2025-3747 (Fla. 4th DCA March 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Before a party can appeal a Florida family law judgment, usually he or she must give the trial court an opportunity to address the issue being appealed. Failure to do so may result in denial of an appeal. This was an issue in the case Clark v. Clark, 3D24-1465 (Fla. 3d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be awarded in a Florida family law case based on a disparity in incomes between the parties. This is based on Florida Statute Chp. 61.16. Do these fees include fees incurred by an attorney in establishing or litigating the fee amount? This was an issue in the case Schultheis v. Schulthies, 3D23-1250 (Fla. 3d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the fact that a lawyer may be called as a witness in a Florida family law case enough to disqualify the lawyer from representing a party in the case? This was an issue in Rivera v. Rivera-Chong, 1D2024-2697 (Fla. 1st DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to disqualify a judge in a Florida family law case, the motion is reviewed by the judge who is the subject of the motion. If this is the first time the party has filed a motion to disqualify, the judge may not comment on the substance of the motion, and may only enter an order granting or denying the motion as legally sufficient. This was an issue in the case Marquez v. Oran, 3D25-2255 (Fla. 3d DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Obtaining a psychological evaluation in a Florida family law case requires a showing that the mental condition of a party is in controversy and that there is good cause for the examination. This was an issue in the case Ruiz v. D’Arbelles, 3D25-2192 (Fla. 3d DCA February 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to disqualify a judge is initially filed in a Florida family law case, usually the judge has 30 days to rule on the motion or it is deemed automatically granted. This was an issue in the case Banks v. Banks, 4D2025-3026 (Fla. 4th DCA February 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family court prevents expert witnesses from testifying, it may be due to a party’s failure to timely disclose the witness and/or the witness’ opinions. This was an issue in the case Aguilar v. Leal, 3D25-2261 (Fla. 3d DCA January 28, 2026).
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
Sanctions may be imposed against a party in a Florida family law case who violates court orders. Before the sanctions are imposed, usually a hearing must be held. This was an issue in the case Delgado v. Miller, 3D25-2209 (Fla. 3d DCA January 21, 2026).
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
When a party files a motion to disqualify a judge more than once in a case, different standards may apply in determining successive motions. This was an issue in the case Bonczyk v. Wolfe, 3D25-2173 (Fla. 3d DCA January 14, 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).
