Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Issues that are ruled on at a hearing in a Florida family law hearing must be requested in the pleadings filed by the parties or tried by consent. To determine whether an issue was tried by consent, the following factors are considered: “(1) ‘whether there was 'a fair opportunity to defend' the issue’ and (2) ‘whether the defending party 'could have offered additional evidence' if the issue had been included in the operative pleading or motion." Campana v. Trabold, 2D2024-0216 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Filing your petition for appeal in the correct court is one of the first steps to protecting your appellate rights. Since there are strict deadlines to follow in appellate matters, the failure to timely file in the correct court can be fatal to an appeal. This was an issue in the case McGann v. Walker, 1D2023-1294 (Fla. 1st DCA December 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can I seal my Florida family law case? Florida Rule of General Practice and Judicial Administration 2.420 sets forth the conditions under which court records are determined to be confidential and therefore unviewable by the public. Florida court proceedings are generally presumed to be public records with few exceptions. Disclosure of records in a sealed Florida litigation case was an issue in the case Crouch v. Brumer, et. al., 3D24-0287 (Fla. 3d DCA October 30, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The wording in an order granting a motion to dismiss in a Florida family law case is important, as it can mean the difference between a final judgment and a non-final order. Most orders granting a motion to dismiss contain other language which give a party a certain number of days to file an amended pleading. An order of dismissal was an issue in the case Contreras v. Fernandez, 3D24-0894 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a bifurcated divorce in Florida? This refers to a divorce case that is handled in two parts - the parties may not be ready to address issues in their case such as equitable distribution, alimony, etc., but they want to be legally single instead of waiting until they are ready to address all of those issues. So if the case is bifurcated, the court might enter a partial final judgment only dissolving the marriage, and then later enter another partial final judgment resolving the remaining issues in the case. This method is discouraged, though, by the Supreme Court of Florida as cited in the case Shlimbaum v. Shlimbaum, 4D2023-1876 (Fla. 4th DCA September 25, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does dismissal without prejudice mean in a Florida family law case? This refers to the right of a litigant to re-file a case. For example, if a motion to dismiss is granted “without prejudice” it means the person who filed the dismissed petition can re-file it in the future. This may be appropriate where, for example, a petition is defective and needs to be corrected before the court can move forward on the petition. This was an issue in the case Pacin v. Granja, 3D23-2295 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party decline to produce certain records in a Florida family law case because of the Fifth Amendment privilege against self-incrimination? This was an issue in the case Fields v. Coletta, 3D24-1177 (Fla. 3d DCA September 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process in a Florida family law case refers to the right of each party to fully participate in the proceeding with notice and and opportunity to be heard. Due process is an important to ensure each party has a fair and meaningful opportunity to participate in the proceedings. This was an issue in the case Rodriguez v. Rodriguez, 3D23-1817 (Fla. 3d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once an appeal is filed in a Florida family law case, the trial court is prohibited from taking action on the issue appealed. For example, the trial court generally cannot enter an amended judgment if the original judgment is being appealed. This was an issue in the case Digiorgio v. Digiorgio, 5D2022-2406 (Fla. 5th DCA June 28, 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 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 Family Law Procedure
Parties in Florida family law cases can subpoena information from third parties who are not part of the case. For example, a party might send a subpoena to a bank to get information about the other party’s finances. Does the party subpoenaing information have to pay the third party for sending the documents? This was an issue in the case Youth and Family Alternatives, Inc. v. D.T., 2D2022-4168 (Fla. 2d DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an order is reversed on appeal, a party cannot be held in contempt of that order later. This was an issue in the case Rich v. Rich, 2D20-707 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party asks for help paying attorney’s fees and costs in a Florida family law case, can the costs include the fees of an expert required to testify about the reasonableness of the fees? This was an issue in the case Echeverria v. Trombino, 4D2023-0739 (Fla. 4th DCA March 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party files a petition and requests attorney’s fees and costs based on the relative financial standing of the parties, is the request for fees dismissed if the petition is ultimately dismissed? This was an issue in the case Pimienta v. Rosenfeld, 3D22-1938 (Fla. 3d DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to have a transcript of your Florida family law hearing? If you want to appeal the court’s decision, a transcript is usually required. Without it, the appellate court may decline to review the merits of your case. This was an issue in the case Scognamillo v. Scognamillo, 3D22-2054 (Fla. 3d DCA November 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an appeal is filed in a Florida family law case, the trial court may have limited jurisdiction to proceed with making further rulings in the case. How do we determine what matters the trial court can rule on while an appeal is pending? This was an issue in the case Saenz v. Sanchez, 3D23-1402 (Fla. 3d DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What makes a Florida family law order appealable? The Florida Rules of Appellate Procedure specify what types of orders are appealable. Orders generally fall into two categories for purposes of appeal: final and non-final. A final order means judicial labor is concluded and nothing remains to be done. A non-final order is the opposite. This was an issue in the case Obermark v. Obermark, 5D22-2479 (Fla. 5th DCA September 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a default is entered against a party in a Florida family law case, this might mean the party against whom the default has been entered will not be able to challenge certain findings made against him or her. A default has the effect of making it so that the party against whom default has been entered admits all of the well-pled allegations of the opposing party’s petition. So, for example, if a husband states in his petition that the wife has the ability to pay alimony, if a default is entered against the wife, she admits that she has the ability to pay alimony. Entry of a default was an issue in the case City of Miami v. Marcos, 3D22-1444 (Fla. 3d DCA September 13, 2023).
