Posted by Nydia Streets of Streets Law in Florida Divorce
Making sure you have a transcript of a hearing in your Florida divorce case can help protect you in the event there is an appeal. A transcript is usually required when there is an appeal filed, and failure to provide one may result in dismissal of an appeal. There are situations, however, where a transcript may not be required because an error is apparent on the face of the judgment. This was an issue in the case Jocelyn v. Jocelyn, 5D2023-1586 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has consistently held that a court is not permitted to delegate its decision-making authority to third parties when it comes to child custody issues. This is because the court, and not other professionals, are charged with making decisions that affect the best interest of a child. This was an issue in the case Malley v. Malley, 4D2023-0332 (Fla. 4th DCA June 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a Florida parenting plan is silent as to the ability of either parent to relocate, can a parent relocate without following Florida law? This was an issue in the case Blatt v. Blatt, 3D23-2228 (Fla. 3d DCA June 12, 2023).
Posted by Nydia Streets of Streets Law in Holidays
We wish you and yours a happy 4th of July filled with fun, love and doing things you all love most.
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 Divorce
In Florida, assets acquired prior to marriage are considered non-marital assets. This means the assets are owned solely by one spouse rather than jointly by both. Unless the parties agree otherwise, it is usually an appealable issue if a court awards a non-marital asset to both spouses in a Florida divorce. This was an issue in the case Smoot v. Smoot, 1D2023-0698 (Fla. 1st DCA June 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Florida relocation statute contains requirements which must be followed to avoid dismissal or denial of a request for relocation. One such requirement is that if a request to move is based on a job offer that has been reduced to writing, the offer must be attached to the petition. This was an issue in the case Lane v. Fuller, 5D2023-1943 (Fla. 5th DCA June 7, 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 Child Custody
What happens when a judge’s written ruling does not match the judge’s oral ruling in a Florida family law case? Usually, a judge will orally announce a ruling at a hearing to the parties and then a written order documenting the ruling will be entered later. Inconsistencies between the oral and written orders were an issue in the case Silver v. Goodrich, 4D2024-0259 (Fla. 4th DCA June 5, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Delay in entering a Florida family law final judgment may require that the court conduct another trial. This is especially true where children are involved. In a recent case in which the court entered a parenting plan one year after it held a trial, the appellate court reversed the final judgment because it was not based on evidence concerning the best interest of the children.
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 Divorce
Florida equitable distribution rules require the court to make certain findings. Without those findings, a Florida final judgment of divorce may be reversible on appeal. This was an issue in the case Hinojosa v. Hinojosa, 2D2023-0155 (Fla. 2d DCA May 31, 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).
Posted by Nydia Streets of Streets Law in Florida Divorce
Imputing income to a party in a Florida divorce case requires specific findings to be made. Without these findings, a final judgment of divorce may be susceptible to reversal on appeal. This was an issue in the case Athea v. Athea, 3D22-519 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Gross income cannot be used to determine a Florida alimony award. The court must look to the parties’ net incomes in assessing need and ability to pay alimony. This was an issue in the case Lopez v. Lopez, 4D2023-0726 (Fla. 4th DCA May 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce, equitable distribution is determined under Florida Statute 61.075. This statute provides guidelines for the classification of marital and non-marital assets and debts, among other guidance. Equitable distribution was an issue in the case MacPherson v. MacPherson, 6D23-373 (Fla. 6th DCA May 10, 2024).
