Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party to a Florida family law case that is appealed can request payment of costs by the opposing party when an appeal is taken. In the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 30, 2025), there was a dispute as to whether costs awarded by the court were proper in light of the fact that they were associated with the appeal of a domestic violence injunction which was reversed and remanded to put in place a temporary injunction pending a full hearing as to a permanent injunction.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a dismissal for lack of prosecution in a Florida family law case? This means the court dismissed a case because there was no activity for a long period of time (usually around 10 months). Before a case is dismissed for lack of prosecution notice is sent to both parties indicating that if action is not taken to progress the case within a certain period of time, the case will be dismissed. Can a case be re-opened if it is dismissed for lack of prosecution. In certain circumstances, yes. This was an issue in the case Castillo v. Valbonesi, 3D24-1780 (Fla. 3d DCA July 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Should you hire a court reporter for your Florida family law hearing? In most cases, it is important to do so, because the court reporter prepares a transcript of what was said at the hearing. Without this transcript, you may not be able to appeal the court’s ruling. This was an issue in the case Lopez v. Fernandez, 3D25-486 (Fla. 3d DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A general magistrate’s recommended order in a Florida family law case can be reviewed by the judge presiding over the case if a party timely files a motion to vacate the recommended order. What standard does the judge use to determine if the recommended order should be vacated? This was an issue in the case Rodriguez v. Gonzalez, 3D25-0551 (Fla. 3d DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who is pro se (meaning self-represented) in a Florida family law case is subject to the same rules of procedure as a party represented by a lawyer. Pro se parties who continuously file improper documents in a case may be subject to sanctions from the court, one of which is that a party can be barred from filing further documents with a lawyer representing him or her. This was an issue in the case Makaver v. Pozuelos, 3D25-0158 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida family law agreements have what is known as a “prevailing party clause” which states that if litigation is brought to enforce terms of the agreement, the prevailing party will have his or her attorney’s fees paid by the other party. Does an award under this type of clause require expert testimony as to the reasonableness of attorney’s fees? This was an issue in the case Cohen v. Cohen, 4D2024-1339 (Fla. 4th DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party may disagree with the trial court’s assessment of the evidence in a case, but this alone is not grounds for appeal. The appellate court usually will not second-guess the judgment of the trial court judge since he or she had the advantage of reviewing live testimony and assessing witness credibility. This was an issue in the case Tropper v. Corti, 3D24-1320 (Fla. 3d DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a writ of mandamus in a Florida family law case? This is a petition filed with the appellate court which basically asks the appellate court to direct the trial court to take some action. This was an issue in the case Gooch v. Cowan, 1D2024-3285 (Fla. 1st DCA June 18, 2025).
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 by the court that there are no genuine issues of material fact to litigate, and therefore trial is not necessary on a claim, so the court is summarily determining the merits of the case. Summary judgment might be appropriate, for example, where a marital settlement agreement states alimony is non-modifiable, and then a party files a petition to modify. This type of judgment was an issue in the case Meruelo v. Meruelo, 3D24-0992 (Fla. 3d DCA May 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party fails to prosecute a Florida family law case, the case can be dismissed. Under Florida Rule of Family Law Procedure 12.420, if there has been no activity in the case for at least 10 months, the court may dismiss the case, but notice must be given in advance. This was an issue in the case Viera v. Viera, 3D24-2208 (Fla. 3d DCA May 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a case is dismissed with prejudice in a Florida family law proceeding? This means the matter that is dismissed cannot be refiled and is forever barred. If a case is dismissed without prejudice, it means the matter can be re-filed at a later date and/or when circumstances change. Dismissal with prejudice is usually a drastic measure and is used only under stringent standards. This was an issue in the case Cabrera v. Miranda, 3D24-1993 (Fla. 3d DCA April 30, 2025).
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).
