Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order in a Florida family law case? According to Florida law, "The test for whether an order is final is whether further judicial labor is required or contemplated." Mallory v. Brinckerhoff, 312 So.3d 944 (Fla. 4th DCA 2021). So a non-final order is one which does not end all judicial labor, meaning there is more for the court to do in a case to resolve it. Examples of non-final orders are orders granting temporary alimony, temporary child support and a temporary parenting plan. The finality of an order is important in determining your right to appeal the order. This was an issue in the case Sanz v. Saenz, 3D23-549 (Fla. 3d DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to challenge a final judgment based on a fraudulent financial affidavit? According to the Family Law Rules of Procedure, there is no time limit. A recent case, however, questions whether or not this rule allows a party to challenge a final judgment more than 10 years later and certifies this question to the Florida Supreme Court. The case is Mason v. Mason, 1D22-1871 (Fla. 1st DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
After a family law hearing, a judge may ask one or both sides to submit a proposed final judgment. When a judge signs a final judgment without making any changes, this may be an issue for appeal because there is an argument that the judge did not perform independent analysis. This was an issue in the case King v. Farah & Farah, P.A., 5D23-20 (Fla. 5th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can an order of contempt be appealed in a Florida family law case? If the contempt order is entered pre-judgment, it is considered a non-final order which may only be appealed if it falls within the categories designated by the rules of appellate procedure as appealable non-final orders. The Fourth District Court of Appeal recently entered an opinion which recedes from prior case law on the issue of appealing non-final contempt orders. The opinion is Decius v. Decius, 4D22-3254 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a judge required to grant a continuance in a Florida family law case? While a judge may not be required to grant a continuance, consideration has to be given to “(1) whether the request for continuance was dilatory or unforeseeable; (2) whether the denial created an injustice for the movant; and (3) whether the opposing party would have suffered prejudice or inconvenience.” Dussan v. Zoghbi, 3D21-2160 (Fla. 3d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There are strict deadlines for appealing a general magistrate’s ruling in a Florida family law case. The appeal is known as a motion to vacate a recommended order. Failure to timely file this motion may mean the recommended order remains valid. This was an issue in the case White v. Morris, 1D22-1597 (Fla. 1st DCA March 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a case is referred to a general magistrate versus a hearing officer in a Florida family law case, different procedures may apply when it comes to appealing the report or recommended order that results. This was an issue in the case Oliva v. Oliva, 3D22-745 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida family law case? This refers to a process in which each party can request documents or other evidence to prove his or her side of the case. For example, in discovery, a party might request the other party’s bank statements, paystubs and tax returns to determine income for purposes of calculating alimony or child support. Is there a limit on discovery? This was an issue in the case Flynn v. Flynn, 2D22-1172 (Fla. 2d DCA March 10, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a judge be disqualified from a Florida family law case for holding an evidentiary hearing without notice to one party? Depending on the circumstances, this may be enough to create a well-founded fear that a party will not receive a fair trial before the judge. This was an issue in the case Erren v. Marin, 4D22-2515 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party’s failure to pay ordered attorney’s fees in a Florida family law case be addressed by a motion for contempt? This was an issue in the case Martinez v. Martinez, 3D22-177 (Fla. 3d DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long do I have to appeal my Florida family law case? The answer depends on many factors, one being whether or not the order being appealed is final or non-final. In most cases, it is important to file a motion for rehearing, and this motion may or may not pause the deadline for appeal. This was an issue discussed in the case Danforth v. Danforth, 6D23-207 (Fla. 6th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How many times can a party ask to disqualify a judge from a Florida family law case? While there is no known limit, once one judge is disqualified, the standard for disqualifying the second judge is more stringent, and thus it may be more difficult to disqualify a successor judge. This was an issue in the case Delgado v. Miller, 3D22-1826 (Fla. 3d DCA February 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is hearsay in a Florida family law case? The definition of hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Basically, hearsay is a statement made outside of court. So if someone testifies “John told me last week…” what John said is hearsay. Hearsay is not allowed in a Florida family court hearing unless there is a valid hearsay exception listed in Florida Statute 90.803 or 90.804. Hearsay was an issue in the case Wells v. Wells, 2D21-3406 (Fla. 2d DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a person is held in contempt of a Florida family law order, what are the person’s remedies? A finding of contempt usually requires that the court make other findings supporting the conclusion that a person is in contempt of a court order. A challenge to a contempt order was an issue in the case Walker v. Wallace, 4D22-1665 (Fla. 4th DCA February 8, 2023).
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).
