Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party decline to produce certain records in a Florida family law case because of the Fifth Amendment privilege against self-incrimination? This was an issue in the case Fields v. Coletta, 3D24-1177 (Fla. 3d DCA September 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida appellate courts have issued several opinions which discuss the necessity of including a transcript when appealing a Florida family law case. A transcript of the hearing at which the disputed order was entered needs to be provided so that the appellate court can review the full spectrum of what occurred at the hearing to make the trial court reach its decision. This was an issue in the case Julia v. Ramos-Baez, 6D2023-1858 (Fla. 6th DCA August 23, 2024).
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
Attorney’s fees can be awarded to a spouse in a Florida divorce case based on the relative financial status of the spouses. The spouse who is the higher earner may be ordered to pay attorney’s fees for the lower-earning spouse. This was an issue in the case Feliz v. Negron-Chavez, 2D2023-1241 (Fla. 2d DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once an appeal is filed in a Florida family law case, the trial court is prohibited from taking action on the issue appealed. For example, the trial court generally cannot enter an amended judgment if the original judgment is being appealed. This was an issue in the case Digiorgio v. Digiorgio, 5D2022-2406 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the procedure to disqualify an attorney in a Miami family law case? One key component of disqualification is due process - a hearing and and opportunity to present evidence must be given when disputed allegations arise. This was an issue in the case Green v. Green, 3D23-1358 (Fla. 3d DCA June 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Appealing your Florida family law case requires knowledge of procedural rules. The Florida Rules of Appellate Procedure are a starting point for understanding deadlines and requirements. The case Askar v. Abo, et. al, 6D23-1084 (Fla. 6th DCA May 31, 2024) provides guidance on when arguments must be raised.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Criminal penalties can sometimes be levied in Florida family law cases. These are usually the result of indirect criminal contempt proceedings. How is a request for attorney’s fees and costs determined in indirect criminal contempt proceedings in a Florida family law case? This was an issue in Burlinson v. Wilson, 4D2023-0464 (Fla. 4th DCA June 5 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Setting aside or vacating an order in a Florida family law case is usually governed by Florida Rule of Family Law Procedure 12.540. This rule provides specific grounds and timelines for setting aside an order. A motion to vacate an order was an issue in the case Lopez v. Lopez, 3D23-1953 (Fla. 3d DCA June 5, 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
Parties usually have 30 days to file a notice of appealing a Florida family law judgment. If a Florida family law final judgment is entered, and then an amended final judgment is later entered, does the time run from the original judgment or the amended judgment? This was an issue in the case A.B. v. DCF, 3D23-1790 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the standards of proof or evidence in a Florida family law case? Some common standards are “clear and convincing” or “competent, substantial evidence”. One of these standards was defined in the case Harte-Weiner-Toledo v. Toledo, 3D23-0810 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What reasons can an attorney use to withdraw from representing a party in a Florida family law case? Bases for withdrawal are listed in Rule 4-1.16 of the Rules Regulating the Florida Bar. Usually, good cause must be shown, and this includes a failure of the client to pay for the lawyer’s services. Withdrawal of a lawyer was an issue in the case Elsawaf v. Eslawaf, 5D2023-0748 (Fla. 5th DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A Florida divorce case can be dismissed if neither party takes action to move the case forward. If there has been no activity in the case for 10 months, the court or a party may issue a notice that the case will be dismissed for lack of prosecution if nothing is done to progress the case within the 60 days following service of the notice. This was an issue in the case Reed v. Reed, 4D2023-1898 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties in Florida family law cases can subpoena information from third parties who are not part of the case. For example, a party might send a subpoena to a bank to get information about the other party’s finances. Does the party subpoenaing information have to pay the third party for sending the documents? This was an issue in the case Youth and Family Alternatives, Inc. v. D.T., 2D2022-4168 (Fla. 2d DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A judge is required maintain impartiality in a Florida family law case. This includes giving advice to one side or the other about how to proceed in the case. This was an issue in Torres v. Orlick, 6D24-469 (Fla. 6th DCA April 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a party to be held in contempt in a Florida family law case, the terms of an order that is alleged to have been violated must be clear and unambiguous. A party cannot be held in contempt of terms of an order that do not exist. This was an issue in the case Prieto v. Rossi, 4D2022-3045 (Fla. 4th DCA April, 17, 2024) in which an attorney representing a party to a divorce was held in contempt of terms of a marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How much notice must be given to a defaulted party for a final hearing in a Florida family law case? The rules of procedure give specific guidance on this, and this was an issue in the case Korman v. Shapiro, 3D21-2182 (Fla. 3d DCA April 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a 57.105 motion in a Florida family law case? This is a motion which asks the court for sanctions against a party and/or the party’s attorney for raising unsupported claims in a proceeding. 57.105 refers to the Florida Statute section which authorizes this fee. That section of the statute requires that specific steps be taken before this motion can be filed. This was an issue in the case Fantauzzi v. Fleck, 2D23-1390 (Fla. 2d DCA April 3, 2024).
