Florida paternity: Award of temporary fees and costs exceeding amount requested in motion

Florida paternity: Award of temporary fees and costs exceeding amount requested in motion

Posted by Nydia Streets of Streets Law in Florida Paternity

Florida family law rules require that a party be put on notice of what is at stake at a hearing. This is done via a motion filed by the complaining party. The court is usually restricted to awarding only the relief requested in the motion or pleading being considered at a hearing. This was an issue in the case Breton v. Raud, 3D24-0890 (Fla. 3d DCA September 17, 2025).

Cancelling a Florida marital settlement agreement for fraud

Cancelling a Florida marital settlement agreement for fraud

Posted by Nydia Streets of Streets Law in Florida Divorce

When property is discovered after a Florida marital settlement agreement has been signed, is this grounds to set aside the marital settlement agreement? The answer depends on the circumstances surrounding the discovery - could the existence of the property been confirmed if the complaining party had investigated this before signing the agreement? Did the other party fraudulently conceal the existence of the property? Overlooked property was an issue in the case Maradona v. Villafañe, 3D23-2085 (Fla. 3d DCA September 10, 2025).

Use of a lis pendens in a Florida family law case

Use of a lis pendens in a Florida family law case

Posted by Nydia Streets of Streets Law in Florida Divorce

What is a lis pendens in a Florida divorce case? This is a notice that is placed on a property to alert potential buyers that there may be an issue with the title to the property. A lis pendens is only appropriate under certain circumstances. This was an issue in the case Golubtsova v. Budaev, 3D25-0737 (Fla. 3d DCA September 10, 2025).

Trial by consent in a Florida child custody case

Trial by consent in a Florida child custody case

Posted by Nydia Streets of Streets Law in Florida Child Custody

What does trial by consent mean in a Florida family law case? Usually parties to a case must be put on notice as to what will be sought at trial. If they do not, the issue may still be able to be considered at trial if there is no objection to it at trial. This was an issue in the case Alan v. West, 3D24-0454 (Fla. 3d DCA September 10, 2025).

Florida family law: limits of trial court authority once order has been appealed

Florida family law: limits of trial court authority once order has been appealed

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).

Happy Labor Day!

Happy Labor Day!

Posted by Nydia Streets of Streets Law in Holidays

“Every person needs to take one day away.  A day in which one consciously separates the past from the future.  Jobs, family, employers, and friends can exist one day without any one of us, and if our egos permit us to confess, they could exist eternally in our absence.  Each person deserves a day away in which no problems are confronted, no solutions searched for.  Each of us needs to withdraw from the cares which will not withdraw from us.” ― Maya Angelou

Appealing a Florida domestic violence injunction

Appealing a Florida domestic violence injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

The entry of a Florida domestic violence injunction is civil in nature, however penalties for violating the injunction can bring criminal charges. Although there are serious consequences to having a civil injunction entered, the trial court has broad discretion to enter an injunction. This was an issue in the case Villareal v. Hernandez, 3D24-1722 (Fla. 3d DCA September 3, 2025).

Florida family law: denial of a motion to vacate without a hearing

Florida family law: denial of a motion to vacate without a hearing

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Under the Florida Rules of Family Law Procedure, a party can seek to vacate an order entered against that party within certain timeframes and under certain conditions. Usually, a hearing is required when this type of motion is filed. This was an issue in the case Rojas v. Best Taxi Service Corporation, et. al., 3D24-0989 (Fla. 3d DCA September 3, 2025).

Florida family law: impact of dicta in a court's ruling

Florida family law: impact of dicta in a court's ruling

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

A party seeking to have the other party in a Florida family law case pay his or her attorney’s fees and costs must demonstrate a need for the fees, and the ability of the other party to pay the fees. Imputation of income may be a factor the court considers in determining need and ability to pay. This was an issue in the case Gutierrez v. Gutierrez, 3D24-0895 (Fla. 3d DCA September 3, 2025).

Florida divorce: Motion for Reconsideration

Florida divorce: Motion for Reconsideration

Posted by Nydia Streets of Streets Law in Florida Divorce

Appealing your Florida divorce judgment may require that you file a motion for reconsideration or rehearing before you file your appeal. This is because you usually must exhaust all available remedies in the trial court before an appeal. This was an issue in the case Hewell v. Hewell, 3D24-1501 (Fla. 3d DCA August 27, 2025).

Court must decide Florida child support when requested

Court must decide Florida child support when requested

Posted by Nydia Streets of Streets Law in Florida Child Support

When a request to determine child support is made at trial, can the judge refer the matter to a hearing officer during the trial for final resolution? Although trial judges are permitted to refer child support matters to hearing officers, a recent case underscores that this cannot happen during a trial. The case is Bui v. Panzardi, 4D2024-1867 (Fla. 4th DCA April 20, 2025).

Distinction between causes of action for a Florida domestic violence injunction

Distinction between causes of action for a Florida domestic violence injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When filing a petition for protection against violence in Florida, important differences exist regarding the evidentiary and pleading standards for each type of action. For example, a petition for protection against sexual violence has specific requirements that are not found in a petition for protection against domestic violence, generally. This was an issue in the case Alfonso v. Hierrezuelo, 3D24-899 (Fla. 3d DCA August 20, 2025).