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

In a Florida divorce, parties are sometimes able to resolve their differences without the help of a mediator and without the court making a decision in their case. When the parties reach an agreement themselves, they might agree to announce in front of the judge while in court their agreement for the record. After this is done, the agreement is reduced to writing and signed by the parties or the judge enters an order memorializing the terms of the parties’ agreement. In the case Fine v. Fine, 4D20-395 (Fla. 4th DCA November 25, 2020), the former wife appealed the trial court’s failure to include in a final judgment certain terms announced by the parties in court.

It appears that at some point, the former husband and former wife agreed to resolve the issues in their divorce by agreement. The parties announced on the record (meaning they stated in front of a judge with a court reporter present recording what was said) that they reached an agreement and they stated the specific terms of the agreement. The former wife alleged the trial court failed to include provisions in the final judgment concerning life insurance and other expenses regarding their minor children which were agreed-to by the parties on the record, and she appealed.

The appellate court denied the appeal, holding the former wife failed to preserve her argument for appeal because she did not bring this error to the trial court’s attention via a motion for rehearing. The appellate court held “The former wife asserts that she was not required to file a motion for rehearing in order to preserve this issue for appeal, relying on this court's decision in Fox v. Fox, 262 So. 3d 789 (Fla. 4th DCA 2018). However, Fox does not apply because that case involved a trial court's failure to make statutorily required findings under Chapter 61. We therefore affirm on this issue without prejudice for the former wife to seek relief under Florida Family Law Rule of Procedure 12.540(b)(1).” The appellate court did find error, however, in the trial court’s failure to include provisions concerning the children’s health insurance where this is required by the Florida Statutes. So this part of the stipulation on the record that was left out should have been included in the final judgment, and the appellate court directed the trial court to amend its judgment to do so.

When entering a Florida marital settlement agreement, it is important to pay attention to details. Schedule a consultation with a Miami divorce lawyer to go over a plan for moving forward in your Florida family law case.