Miami family law attorney blog
Viewing entries in
Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida due process rules require that both sides of a case be given a full and fair opportunity to be heard. So a court cannot usually make a decision in the case if only one party has presented his or her evidence and arguments. This was an issue in the case Domnin v. Domnina, 4D2023-0376 (Fla. 4th DCA October 30, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can I seal my Florida family law case? Florida Rule of General Practice and Judicial Administration 2.420 sets forth the conditions under which court records are determined to be confidential and therefore unviewable by the public. Florida court proceedings are generally presumed to be public records with few exceptions. Disclosure of records in a sealed Florida litigation case was an issue in the case Crouch v. Brumer, et. al., 3D24-0287 (Fla. 3d DCA October 30, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once a Florida family law case is appealed, the trial court may not be able to enter certain orders if they conflict with the jurisdiction of the appellate court. Nonetheless, each order being appealed must be properly brought before the appellate court by following the Florida Rules of Appellate Procedure. This was an issue in the case Dunaj v. Worley, 3D24-0438 (Fla. 3d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The wording in an order granting a motion to dismiss in a Florida family law case is important, as it can mean the difference between a final judgment and a non-final order. Most orders granting a motion to dismiss contain other language which give a party a certain number of days to file an amended pleading. An order of dismissal was an issue in the case Contreras v. Fernandez, 3D24-0894 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious litigation in a Florida family law case? “Vexatious” is defined by Black’s Law Dictionary as “lacking a reasonable or probable cause or excuse, and can include conduct that is harassing or annoying.” So when someone accuses a party to a divorce case, for example, of being vexatious, it means a party is accused of filing motions or taking other actions in the case for the purpose of harassment and/or delay. A party who is found by a court to be vexatious can be ordered to pay attorney’s fees to the other party. This was an issue in the case Burr v. Ospino, 3D23-1207 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a bifurcated divorce in Florida? This refers to a divorce case that is handled in two parts - the parties may not be ready to address issues in their case such as equitable distribution, alimony, etc., but they want to be legally single instead of waiting until they are ready to address all of those issues. So if the case is bifurcated, the court might enter a partial final judgment only dissolving the marriage, and then later enter another partial final judgment resolving the remaining issues in the case. This method is discouraged, though, by the Supreme Court of Florida as cited in the case Shlimbaum v. Shlimbaum, 4D2023-1876 (Fla. 4th DCA September 25, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does dismissal without prejudice mean in a Florida family law case? This refers to the right of a litigant to re-file a case. For example, if a motion to dismiss is granted “without prejudice” it means the person who filed the dismissed petition can re-file it in the future. This may be appropriate where, for example, a petition is defective and needs to be corrected before the court can move forward on the petition. This was an issue in the case Pacin v. Granja, 3D23-2295 (Fla. 3d DCA September 18, 2024).
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).
