Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the “substantial truth doctrine” in Florida family law? This was explained in the brief appellate opinion issued in the case Blair v. Baller Alert, Inc. 3D25-0941 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a default is entered against a party in a Florida family law case? This means the party admits the well-pled allegations of the petitioner’s complaint in the case, and because of these admissions, the court may be able to enter judgment against the defaulted party without a trial or hearing. A default can be set aside, and this was an issue in the case Highsmith v. Britten, 2D2025-0679 (Fla. 2d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an attorney seeks to enforce a charging lien in a Florida family law case, four elements must exist: (1) a valid contract, express or implied, between attorney and client; (2) their shared understanding that payment depends on recovery; (3) the client’s attempt to avoid payment or a dispute over the amount owed; and (4) timely notice of the lien. See Baldwin v. Beam, 5D2024-2423 (Fla. 5th DCA December 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a final judgment is appealed along with the denial of a motion to disqualify a judge, how does the granting of the motion to disqualify the judge affect the appeal of the final judgment? This was an issue in the case Ussin v. Wood, 5D2025-0426 (Fla. 5th DCA November 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When amended final judgments are entered, appeal deadlines may become confusing. In many cases, a motion for reconsideration or rehearing must be filed prior to an appeal being taken, further adding to confusion of deadlines. This was an issue in the case Miller v. Ko, 3D23-2229 (Fla. 3d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Disqualification of a judge in a Florida family law case may be considered an extreme remedy which is granted sparingly. In order to have a judge disqualified, a party must show that he or she has a reasonable fear that the judge is incapable of being impartial or fair toward that party. This was an issue in the case MacKenzie v. MacKenzie, 2D2025-1096 (Fla. 2d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is an injunction in a Florida family law case that is not related to domestic violence? This is an order which instructs someone not to do something. There are specific requirements for obtaining a non-domestic violence injunction, including the posting of a bond. This type of injunction was an issue in the case Caron v. Caron, 4D2025-0440 (Fla. 4th DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order versus a final order for purposes of appealing a Florida family law order? A non-final order is one that is usually entered that requires further judicial labor and/or is a temporary or interim order while a case is still pending. A final order is one which requires no further judicial labor and puts the issue in the order to rest. The distinction was an issue in the case Wages v. Baez, 3D25-1561 (Fla. 3d DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is all relevant evidence admissible in a Florida family law case? The short answer is no. This was an issue in the case Gonzalez v. Manesh, 3D24-0741 (Fla. 3d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a Florida family court orders that a party is entitled to an award of attorney’s fees from the other party, but reserves ruling on the amount of fees, can the order dictating entitlement be appealed? This was an issue in the case Weinstein v. Weinstein, 4D2024-2244 (Fla. 4th DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It may be fatal to a Florida family law appeal if a party fails to raise certain arguments before the trial court. Failing to raise the argument with the trial court before raising it with the appellate court may be deemed as a waiver of the argument. This was an issue in the case Khare v. Khare, 3D25-0151 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, the court may award attorney’s fees and costs to one party if there is a showing of need and ability to pay. Does this award include the time the attorney spends in litigating the amount of fees to be awarded? This was an issue in the case Schultheis v. Schultheis, 3D23-1250 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A recent appellate case discusses the issue of disqualification of a lawyer in pending litigation. The court in that case noted “Such attempts [to disqualify counsel] should be viewed with caution and skepticism as they can be used to harass the opposing party and counsel, or for other indecorous tactical reasons.”
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 procedure in which a party requests the court to grant or deny a petition without going to a trial or having further proceedings because the evidence in the case so far shows that there is nothing to dispute at trial. A party can attach affidavits to a motion for summary judgment for the court to consider in making its ruling. This was an issue in the case Sanz v. Herrera, 3D24-2046 (Fla. 3d DCA October 3, 2025).
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 proceeding, certain procedural steps are required. One important step is appropriate notice to the party alleged to be in contempt. This was an issue in the case Azzam v. Diaz de la Portilla, 3D25-1428 (Fla. 3d DCA October 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who wants to challenge the other party’s right to take depositions in a Florida family law case may have to file a motion for a protective order. This was an issue in the case Delgado v. Miller, 3D25-1721 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida marital settlement agreements or other family law agreements have prevailing party clauses. These clauses indicate that if there is future litigation, the prevailing party will be awarded attorney’s fees to be paid by the other party. What if there is a “tie” and the court finds that no one prevailed? This was an issue in the case Pierre v. Honore, 3D25-0357 (Fla. 3d DCA October 1, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Writs of garnishment are used in Florida family law cases to collect money judgments. This is an order that allows money from bank accounts to be involuntarily withdrawn to satisfy attorney’s fees or support orders, for example. This was an issue in the case Baumann v. Agudelo, 3D25-0755 (Fla. 3d DCA September 24, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law order is appealed, and the appellate court reverses a ruling with instructions to the trial court to correct it or take some other actions, can the trial court take additional actions with regard to the order being appealed? This was an issue in the case Marcellus v. Peterson, 4D2023-2495 (Fla. 4th DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the standard for disqualification of a lawyer in a Florida family law case? This was an issue in the case Palma v. Alamilla, 3D25-1181 (Fla. 3d DCA September 3, 2025).
