Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a domestic violence injunction is entered against a party in Florida, and it is appealed, the appellate court evaluates the case under an abuse of discretion standard and determines whether the injunction is supported by competent, substantial evidence. This was an issue in the case Lau v. Gonzalez, 3D24-1491 (Fla. 3d DCA April 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an appeal is taken in a Florida paternity case, can the parties seek appellate-level fees? Chapter 742 of the Florida Statutes (the chapter that provides the framework for paternity cases) 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.” § 742.045, Fla. Stat. (2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under Florida Family Law Rule of Procedure 12.540, a party can move to vacate an order under certain circumstances. Depending on the circumstance, there are different deadlines for moving to vacate the order under that rule. This was an issue in the case Tucker v. Tucker, 5D2024-2111 (Fla. 5th DCA April 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party is accused of indirect criminal contempt in a Florida family law case, the case takes on criminal procedure elements that must be satisfied in order for the court to enter a judgment of contempt. Can prosecution costs be assessed against the accused if he or she is found to be in contempt? This was an issue in the case Robilotta v. Karkhoff, 4D2023-3049 (Fla. 4th DCA April 16, 2025).
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).
