Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Time and time again, we see appellate courts decline to grant relief in an appeal because a party did not provide a transcript of the hearing from the trial court below. The transcript provides a record for the appellate court to review what happened on the trial level. This was an issue in the case Scott v. Broughton, 3D24-1635 (Fla. 3d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party to a Florida family law case wants to challenge a general magistrate’s findings and recommendations, he or she is required to file a motion to vacate the general magistrate’s recommended order. This motion to vacate essentially operates as a motion for rehearing, according to the case Taylor v. Taylor, 2D2024-1640 (Fla. 2d DCA April 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is contempt an available remedy for failure to pay an equitable distribution judgment in a Florida divorce? Generally, support awards (alimony, child support) can be enforced by contempt, but equitable distribution awards are excluded. This was an issue in the case Said v. Said, 2D2024-1449 (Fla. 2d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes after a Florida family law hearing, the court requests that each side submit a proposed order for consideration. According to Washington v. Persolve Recoveries, LLC, 2D2024-0311 (Fla. 2d DCA April 11, 2025) “Florida law does not prohibit the verbatim adoption of a party's proposed order or judgment. Bishop v. Bishop, 47 So. 3d 326, 328 (Fla. 2d DCA 2010); M.D. v. Dep't of Child. & Fam. Servs., 924 So. 2d 827, 830 (Fla. 2d DCA 2005). Reversal is required, however, when the order does not reflect ‘a thoughtful and independent analysis of the facts, issues, and law by the trial judge.’”
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a partition of property be ordered in a Florida paternity case? It was in the recent appellate case Diaz v. Nolan, 5D2024-1065 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the right to proceed pro se, or self-represented in a Florida family law case absolute? Florida case law indicates it is not because pro se litigants who excessively or vexatiously litigate can be sanctioned and/or prohibited from filing anything further without a lawyer. This was an issue in the case Abboud v. Abboud, 5D2024-0799 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law case is appealed, the trial court may be limited in entering further orders on the issue being appealed because the appellate court assumes exclusive jurisdiction over the issue until an appellate opinion is issued. This was discussed in the case Stivelman v. Stivelman, 3D23-1811 (Fla. 3d DCA March 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are grounds for disqualifying a Florida family law judge? The fact that a litigant is unhappy with a judge’s ruling is usually not enough to disqualify a judge. This was an issue in the case Cimbler v. Greemberg, 3D25-0137 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family law court impose sanctions for non-compliance with discovery. Yes, but the power to do so is not unlimited. This was an issue in the case Prichard v. Galicia, 3D24-2174 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, parties can request to set aside a judgment for specified reasons under Florida Family Law Rule of Procedure 12.540. If such a motion is filed, an evidentiary hearing is usually required. This was an issue in the case Ravelo v. Payret. 3D23-1840 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
We see repeatedly in Florida family law cases the consequences of not having a transcript of your trial prepared - even if you have a case that could be successful on appeal, the lack of a transcript could derail your chances of success. Lack of a transcript was an issue in the case Fernandez v. Gonzalez, 3D24-1153 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party requests that a petition be dismissed in a Florida family law case, what standard does the court use to evaluate that request? Generally, the trial court must take the allegations in the petition as true and determine whether those allegations lead to relief that the court can grant. This was an issue in the case Restrepo v. Aquino, 3D23-2175 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the difference between civil contempt and criminal contempt in a Florida family law case? The key difference turns on the goal of the contempt - if it is to persuade a person to take action, it is civil contempt.; if it is to punish a person for wrongdoing, it is criminal contempt. Each type carries different procedures. This was an issue in the case Portee-Jones v. Portee, 1D2023-0049 (Fla. 1st DCA February 26. 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified from representing a spouse in a Florida divorce case? Disqualification of a lawyer is an extraordinary remedy,. This was an issue in the case Phinney v. Phinney, 3D24-1314 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Issues that are ruled on at a hearing in a Florida family law hearing must be requested in the pleadings filed by the parties or tried by consent. To determine whether an issue was tried by consent, the following factors are considered: “(1) ‘whether there was 'a fair opportunity to defend' the issue’ and (2) ‘whether the defending party 'could have offered additional evidence' if the issue had been included in the operative pleading or motion." Campana v. Trabold, 2D2024-0216 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes an automatic assumption in a Florida family law case is that if one party earns significantly more income than the other party or otherwise has a surplus of funds after monthly expenses, that party should be ordered to pay the attorney’s fees of the other party. But this is just one part of the analysis, as illustrated in the case Thomas-Jones v. Jones, 5D2023-1080 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Filing your petition for appeal in the correct court is one of the first steps to protecting your appellate rights. Since there are strict deadlines to follow in appellate matters, the failure to timely file in the correct court can be fatal to an appeal. This was an issue in the case McGann v. Walker, 1D2023-1294 (Fla. 1st DCA December 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party requests to remove a judge from presiding over a Florida family law case, this is done through a motion for disqualification. The rules governing this type of motion have strict deadlines. This was an issue in the case Pekel v. Leyva,3D24-1799 (Fla. 3d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When appealing a Florida family law order, it is important to understand if the order is final or non-final. If it is non-final, it is important to understand if the appellate rules of procedure allow it to be appealed. Understanding these issues can avoid potential waste of money and time in appealing an order that may not be appealed under the rules. This was an issue in the case Gaskins v. Bahour, 2D2023-2617 (Fla. 2d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Chapter 742 of the Florida Statutes governs paternity cases in Florida. Subsection 742.045 states “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.” Does this include fees when a paternity case is appealed? This was an issue in the case C.T. v. T.G., 6D2023-1771 (Fla. 6th DCA November 15, 2024).
