Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Procedure
Due process is a fundamental part of the legal system, including Florida family law cases. Due process includes the right to be heard and to receive fair notice about court proceedings. In the appellate case Barsis v. Barsis, 209 So.3d 654 (Fla. 5th DCA 2017), we see what happens on appeal when the appellate court determines a party was denied due process.
Posted by Nydia Streets of Streets Law in Procedure
The word "hearsay" is often thrown around in conversation, but few know what it really means. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. There are certain exceptions to the hearsay rule listed in the Florida statutes, but generally, you cannot offer as evidence in a court proceeding what someone said unless it meets those exceptions and/or the person who made the statement is a party or is there to testify about the statement. The consequences of basing decisions on hearsay is seen in the appellate case Washburn v. Washburn, 211 So.3d 87 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Procedure
On a basic level, getting the court to order the relief you want starts with filing in the correct court. If you file your case in the wrong court, you may face frustrating delays and wasted filing fees. The case Nunez-Miller v. MIller, 209 So.3d 619 illustrates this point.
Posted by Nydia Streets of Streets Law in Procedure
What happens if there is a trial in your Miami family law case, and then before the court enters the final judgment setting child support, you lose your job? This happened to one woman in Florida which led to her appealing the trial court's decision to deny her motion to receive new evidence.
Posted by Nydia Streets of Streets Law in Procedure
Knowing family law also means knowing the procedural rules the court has to follow in family law cases. On a basic level, the law requires that all parties be given notice of the proceedings and the right to be heard. In examining the appellate case Pinnock v. Whyte, 209 So.3d 71 (Fla. 3d DCA 2016) we understand where a Miami family court went wrong in failing to give a party the right to be heard.
