Posted by Nydia Streets of Streets Law in Florida Alimony
When is summary judgment appropriate in a Florida family law case? Such a procedure is used when there is no issue of material fact for the court to decide. That is, it is undisputed that a party is entitled to relief without the need for a trial or the normal steps of litigation. In the case Bradner v. Bradner, 1D18-4604 (Fla. 1st DCA December 27, 2019), we see summary judgment used to terminate Florida alimony.
The parties’ final judgment of divorce obligated the former husband to pay $1,500 per month in alimony to the former wife for a set period of months unless the former wife became involved in a supportive relationship. Subsequently, the former husband filed a petition to terminate alimony, alleging the former wife was involved in a financially supportive relationship with her boss. There was testimony that the former wife and her boss lived together, went on vacation together, shared expenses and were parties to a lease agreement with an option to buy with the former wife as a tenant. Based on these admissions, the court entered summary judgment in the former husband’s favor, holding there was no issue of material fact as to whether the former wife was in a supportive relationship.
The former wife appealed, arguing the trial court based its summary judgment on facts that were the subject of dispute. Summary judgment must also be based on drawing inferences in the favor of the non-moving party, and the former wife argued the trial court drew negative inferences against her. The appellate court agreed with the former wife and overturned the summary judgment holding “Because the trial court found a supportive relationship based on disputed facts and inferences drawn from those facts in favor of Mr. Bradner, we reverse the order granting summary judgment and remand for an evidentiary hearing.”
Is summary judgment appropriate in your case? The best way to find out is to schedule a consultation with a Miami family law attorney to go over the specific facts of your situation. A discussion can be had regarding how the law will apply to those facts.