Posted by Nydia Streets of Streets Law in Florida Divorce

Filing your petition for divorce in Florida is the first step to getting the court to decide the issues in your case. Because the law requires that you give notice to the court and the opposing party about the issues that need to be decided, the wording of your petition is important. When you get to trial, it is also important that you let the court know about everything you are asking for, or you could be deemed to have waived your requests. This was an issue in the case Stephanos v. Stephanos, 4D21-2782 (Fla. 4th DCA March 8, 2023).

The former wife included in her petition claims for breach of contract and unjust enrichment. She apparently proceeded to trial, but asked the trial court not to reach the merits of those claims. When the final judgment did not include rulings on these issues, she appealed.

The appellate court affirmed the trial court’s ruling, holding “[W]here a party fails to obtain a ruling on a claim or motion while the matter is pending before the trial court, the claim or motion is deemed abandoned. [. . .] Prior to the first appeal, the former wife pled her claims, proceeded to trial on those claims, and then asked the trial court not to reach the merits of the claims. Thus, she abandoned the claims. We note, however, that this case’s facts are decidedly distinct from cases in which a trial court, on its own initiative, declines to rule on an issue or claim before it despite a party’s appropriate request(s) for a ruling.”

Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.