Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family court judge amend its final judgment at any time? This issue arose in the case Bigelow v. Ritsema, 5D18-762 (Fla. 5th DCA January 24, 2020) in which the court entered an amended final judgment ten months after the original final judgment was entered.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If you think you are entitled to have the other party pay your attorneys’ fees and costs in your Florida divorce case, it is important to give notice early on in the litigation. This is because the general rules of pleading provide that if a party does not ask for certain relief in his or her petition, answer or counter-petition, that party cannot ask for that relief at a hearing because the other side was not aware that specific relief was an issue. This situation arose in the case Navarro v. Veloz, 3D18-1990 (Fla. 3d DCA October 30, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There is little doubt that emotions are intertwined in Florida family law cases. Parties to these cases often feel frustrated and scared in the face of changes that are occurring regarding the most personal aspects of their lives. As a result, outbursts can occur, and somethings those happen during court proceedings. Such was the case in Manzaro v. D’Alessandro, 4D18-2178 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The recent appellate case Becker v. Becker, 3D19-1493 (Fla. 3d DCA September 18, 2019) explores the issue of the disqualification of a judge in a Florida divorce. In this case, the judge was previously represented by the lawyer representing the wife in a case pending before the judge. The former husband appealed an order denying his motion to disqualify the judge from presiding over the case.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In what was likely a hotly contested post-judgment child custody modification case in Florida, a non-party was held in contempt and sentenced to jail time for violating the court’s order “to keep any information about the case off social media and to prevent family members from publishing information about the custody action on social media.” That non-party appealed which formed the basis for the recently published appellate opinion In re Contempt Adjudication of Weiner, 2D19-1413 (Fla. 2d DCA August 7, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a party does not show up to a hearing in a Florida family law case? Sometimes sanctions as severe as the striking of pleadings can occur. This means the claims or defenses asserted by the party in his or her petition or answer can be “erased” and treated as if they do not exist. This sanction is usually a last resort and is supposed to be used sparingly by courts. This happened to the former husband in the case Lattanzio v. Hoffmann, 3D18-934 (Fla. 3d DCA July 31, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When parties have a family law order that is entered in a court outside of Florida and they want to enforce the order, it is usually necessary for them to domesticate the order in Florida before seeking enforcement by a Florida family law court. Domesticating the order asks Florida courts to recognize the order as a valid order and to enforce it against a party who may now reside in Florida. An interesting issue arose in the case Gil de Lamadrid, 5D19-342 (Fla. 5th DCA May 17, 2019) when a third party attempted to intervene on the former husband’s request to domesticate a final judgment of divorce from Puerto Rico.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party in a Florida family law case seeks to disqualify a judge, what limitations are placed on the judge while the motion to disqualify is pending? This was an issue in the case Godin v. Owens, 5D18-1176 (Fla. 5th DCA May 31, 2019) in which the mother appealed a final judgment of paternity.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party fails to follow a Florida family court order, that party may face sanctions which include monetary fines. Before a court can order such sanctions, certain steps and procedures must be followed in order to preserve each party’s right to due process. This is illustrated in the case Alonso v. De Zarraga, 3D18-1127 (Fla. 3d DCA May 29, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a lis pendens in Florida? This is a notice regarding real property which is recorded in public records and alerts the public to the fact that there is pending litigation concerning the property. The purpose of it is to give notice to any interested parties that title to the property is not clear and is in dispute. A party in a Florida divorce case might seek to put a lis pendens on a property because he or she wants to prevent the other party from selling or otherwise disposing of the property before the court makes a decision regarding who owns the property. The case Rokosz v. Haccoun, 3D18-2459 (Fla. 3d DCA June 5, 2019) shows what limits can be placed on a lis pendens.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long after a trial is a final judgment issued in a Florida divorce case? Usually, final judgments are issued within a short time after the hearing, but in some cases, it can take several months. This may cause distress for some parties who are waiting for alimony or child support to be paid, for example. While there is no rule that states a deadline for a judge to enter a final judgment after a trial, the delay must be reasonable as indicated in Saboff v. Saboff, 5D18-3123 (Fla. 5th DCA June 7, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Discovery in a Florida family law case is the process in which parties request documents or other evidence from each other or even third parties in an effort to investigate and prove claims made in the case. The most common type of discovery in a Florida divorce case are financial documents - bank records, income statements, business records, and the like. In the case Hall v. Hall, 5D18-1608 (Fla. 5th DCA June 14, 2019), we see what happens when a third party is subpoenaed for information and an objection is raised by that third party.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Most Florida divorce cases are resolved during a bench trial. This means a judge, rather than a jury, makes a decision about the issues in the case. Because the judge is one person, many parties fear they may not receive a fair trial if the judge shows bias in favor of one party over the other. This was the issue in the case Higgins v. Higgnis, 5D19-957 (Fla. 5th DCA June 20, 2019) in which the husband appealed an order denying his motion to disqualify the trial court judge.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the grounds for disqualifying a lawyer in a Florida family law case? The recent appellate case Goff v. Goff, 2D18-3163 (Fla. 2d DCA June 26, 2019) goes over what is required to establish that disqualification of an attorney is appropriate.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A charging lien can be entered against a party in a Florida divorce case to secure attorneys’ fees from property that is awarded to the party in a final judgment of divorce. Certain requirements must be met before the lien can be imposed, however, as seen in the case Szurant v. Aaronson, 2D18-2092 (Fla. 2d DCA July 17, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party fails to meet his or her obligations under a Florida child support or alimony order, he or she may be held in contempt of court. The party asking for contempt must show the other party had the ability to comply with the order but chose not to. But before taking the steps to prove this, a party must make sure he or she is in compliance with procedural rules to avoid having an order of contempt overturned on appeal. Such was the case in Hart v. Hart, 3D19-450 (Fla. 3d DCA July 24, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida family courts are courts of equity. This means the court has discretion with regard to certain aspects of a case to “balance the scales”. One such aspect is attorneys’ fees and costs. In a Florida family law case, attorneys’ fees can be awarded to a party based on a need and ability to pay analysis.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process is required in Florida family law cases. This refers to the opportunity for each party to present his or her side of the case with fair notice. When a court takes action without notifying the parties or when there is no pending motion on the action taken, this usually results in a due process violation. Such was the case in Singer v. Singer, 4D18-1170 (Fla. 4th DCA July 3, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is well-established that an appeal must be filed within 30 days of the date an order is entered, or the appellate court has no jurisdiction to consider an appeal. But does this mean the accompanying filing fee must also be paid before the clerk must accept the notice of appeal for filing? This issue arose in the case Burns v. Burns, 4D19-0124 (Fla. 4th DCA June 5, 2019) in which the former husband attempted to file his notice of appeal on the 30th day, but it was not docketed until the next day, calling into question the viability of his appeal.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
As parties who hire lawyers in their Florida family law cases soon realize, in addition to attorneys’ fees, there are costs associated with a case that must be paid as well. From process servers to filing fees and beyond, Florida family law litigation can be expensive. Most lawyers will tell you a court reporter is worth his or her weight in gold, and the appellate case Padgett v. Padgett, 1D17-2217 (Fla. 1st DCA May 2, 2019) tells us why.
