Miami family law attorney blog
Viewing entries in
Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party wants to remove a judge from presiding over a Florida family law proceeding, the party must file a motion for disqualification. “To be legally sufficient, a motion to disqualify must demonstrate some actual bias or prejudice so as to create a reasonable fear that a fair trial cannot be had.” Saenz v. Sanchez, 3D22-1688 (Fla. 3d DCA February 1, 2023) (internal citations omitted).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When someone is referred to as “pro se” in a Florida family law case it means that person is proceeding without a lawyer. That person is acting as his or her own lawyer. While not optimal, it is allowed, but the court can place limits on a pro se party who repeatedly violates rules or otherwise hinders the court’s ability to move the case forward.
Posted by Nydia Streets of Streets Law in Florida Family Law
Do I need a court reporter for my Florida family law hearings? While a court reporter is not required in all hearings, it may be important to have one present to protect your ability to appeal. Without a transcript of the court proceedings, the appellate court is unable to review what happened at the hearing you are trying to appeal.
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
Attorney’s fees awarded pursuant to Florida Statute 57.105 in a family law case are usually awarded due to frivolous litigation. This means the court determined a party pursued litigation that he or she knew was baseless, false, and/or not supported by the law. If a 57.105 motion is granted against that party, he or she can be ordered to pay the other party’s attorney’s fees and costs for having to defend against the litigation.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party file a motion to disqualify the other party’s lawyer in a Florida family law case? This is possible when there are valid grounds to do so. For example, if the opposing lawyer previously represented both parties, this may be a reason to disqualify the lawyer from representation. Disqualification was an issue in the case Levy v. Levy, 3D22- 427 (Fla. 3d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to appeal a Florida family law ruling? Generally, a party has 30 days from the date an order is entered to file a Notice of Appeal. This deadline is strict, and an appellate court has no jurisdiction over a matter after this date. This was an issue in the case Baroff v. Baroff, 4D22-772 (Fla. 4th DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can attorney’s fees be awarded in a Florida family law appeal case based on a disparity in income between the parties? Generally, an appellate court has the authority to award temporary fees when a motion is filed under the Florida Rules of Appellate Procedure, and a trial court also has the authority to award these fees. This was an issue in the case Finch v. Cribbs, 1D18-3855 (Fla. 1st DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When attorney’s fees are awarded in a Florida family law case, in certain instances, the amount of fees must be supported by expert testimony. What qualifies a witness to be an expert on attorney’s fees? This was an issue in the case Mendelson v. Howard, 4D21-1552 (Fla. 4th DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is a Florida family law case ready for trial? Typically, cases are not set for trial until the pleadings are closed and discovery is completed. In many jurisdictions in Florida, mediation is also required before a case can be set for trial. Can a trial date be set anyway if all of these conditions are not met? This was an issue in the case Pulwer v. Pearl Brothers, LLC, 3D22-1462 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean to recuse or disqualify a judge in a Florida family law case? This means you are asking the court to remove a judge from deciding your case because you can show the judge is biased or otherwise unable to fairly decide a case. This showing cannot be based on your feeling that the judge is biased - there has to be evidence to support it. This was an issue in the case J.R. v. D.C.F., 3D22-1537 (Fla. 3d DCA October 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When attorney’s fees are awarded to one party in a Florida family law case, the next step is to determine the amount of fees to be awarded. This requires testimony or evidence of the amount of fees expended in order for the court to make a determination of reasonableness. This was an issue in the case Fetchick v. Fetchick, 5D21-1722 (Fla. 5th DCA August 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can you appeal any order entered in a Florida family law case? Not all orders are appealable at every stage of a case. Certain non-final orders cannot be appealed. This means orders that are entered before a final judgment is entered in a case, may not be appealable until the final judgment is entered. This was an issue in the case Shavers v. Shavers, 2D21-3190 (Fla. 2d DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Interviewing a child as a witness in a Florida child custody case can be stressful for the child. Therefore, these interviews must be handled with care and are usually only allowed in a court proceeding with the permission of the judge. Whether a child is allowed to testify or not depends on factors weighed by the court against prejudice to the party asking for the testimony. This was an issue in the case M.S. v. Dept. of Children and Families, 3D22-1108 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Who has a duty to progress a Florida family law case? The simple answer is, the party who is petitioning for relief from the court. If a case sits for too long without activity, the rules permit a court to dismiss or close a case. But certain notice has to be given to a party that this will happen after a certain period of inactivity has passed. This was an issue in the case Bravo v. CJM Partners, LLC, 3D21-1517 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can an attorney be sanctioned in a Florida family law case? It is possible for an attorney to be sanctioned for bad faith conduct in a proceeding. This usually happens when an attorney violates an order or pursues relief to which the attorney knows the client is not entitled. These sanctions are rare, however, and certain procedures must be followed to uphold the sanctions. This was an issue in the case The Shir Law Group, P.A. v. Carnevale, et. al., 3D21-0988 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
Can a Florida family law case be transferred from one county to another? This is a common question when, for example, one parent in a child custody case lives in one county, and the other lives in another county. It may be inconvenient for a parent to have to litigate the case in a county that is very far away from where he or she lives. Whether or not a case can be transferred depends on factors that have to be analyzed by the court as explained in At Home Auto Glass v. Mendota Ins. Co., 5D21-2052 (Fla. 5th DCA August 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
What are some reasons a judge can be disqualified in a Florida family law case? Disqualification means the judge can no longer preside over the case and a new judge will be assigned. The person requesting disqualification must show there is a well-founded, reasonable fear that he or she will not receive a fair trial at the hands of that judge. This was an issue in the case Cini v. Cabezas, 3D22-0716 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
When attorney’s fees are awarded as a sanction in a Florida family law case, an expert must testify as to the reasonableness of the fees in order for the court to properly set an amount to be paid. Without the expert testimony, the fee awarded may be subject to being overturned on appeal. If it is appealed, there may not be a second opportunity to present the necessary testimony. This was an issue in the case Mitchell v. Flatt, 2D21-487 (Fla. 2d DCA August 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is service of process in a Florida family law case? When a petition for divorce is filed, for example, the spouse filing the petition is responsible for ensuring that the other spouse receives a copy of the petition. The other spouse must receive the petition in a manner allowed by law. The most common manner is service of process via a process server. In Florida, this is a person licensed to deliver lawsuit papers. A process server’s compliance with service rules was an issue in the case Becker v. Becker, 3D22-0352 (Fla. 3d DCA July 20, 2022).
