Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a petition for writ of certiorari in a Florida family law case? This is a pleading filed with a higher court, known as the appellate court, which reviews the trial court’s decisions. In order to obtain a writ of certiorari, the petitioner has to show (1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a departure from the essential requirements of the law. This was at issue in the case Stivelman v. Stivelman, 3D20-136 (Fla. 3d DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There are rules of procedure in Florida family law which inform all parties how to move a case forward. Comprehension of these rules includes knowledge of the nuances and clear directives in each rule. In the case Wiendl v. Wiendl, 2D19-3325 (Fla. 2d DCA July 8, 2020), the appellate court was required to analyze the plain meaning of a certain rule of procedure when the former husband challenged an order entered against him.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a judge allowed to ask questions in a Florida family law proceeding? According to Section 90.615 of the Florida Statutes: “When required by the interests of justice, the court may interrogate witnesses, whether called by the court or by a party.” However this interrogation is limited as explained in the case Marwan v. Sahmoud, 3D19-1798 (Fla. 3d DCA June 17, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What if a party is unable to attend a hearing in his or her Florida family law case? The usual course of action is to file a motion for continuance, stating the reasons why the party cannot attend and requesting a different hearing date. The case Pares v. Soriano, 3D18-915 (Fla. 3d DCA June 10, 2020) is one which illustrates this process.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party wants to set aside a Florida paternity order, there are certain steps which must be followed by certain deadlines. If a party believes there is a basis to have an order overturned or reversed, that party may be able to seek relief under Florida Family Law Rule of Procedure 12.540. The case Williams v. Taylor, 3D19-1926 (Fla. 3d DCA May 27, 2020) examines those steps.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party feels a judicial officer holds a bias against that party, there is the option of filing what is known as a motion to recuse. This motion raises specific allegations of bias against a judge or general magistrate. In the case Seiwert v. Seiwert, 5D19-2809 (Fla. 5th DCA June 19, 2020), the former husband appealed the denial of his motion to recuse a general magistrate.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a party objects to a referral to the general magistrate in a Florida family law case? In order for a general magistrate to hear a case, all parties must consent to the referral. This issue arose in the case Humphrey v. Humphrey, 1D18-752 (Fla. 1st DCA May 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When parties reach a stipulation in a Florida divorce case, this means they agree on something. Usually, stipulations are upheld by the court. Stipulations can save time and money since the parties will not have to spend time proving the subject of the stipulation. The power of such an agreement is illustrated in the case McVety v. McVety, 2D18-2250 (Fla. 2d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is important that a party file an appeal of a Florida family law order in a timely manner. This is because an appellate court loses jurisdiction to consider the appeal if the appeal is filed too late. In the case Sitaram v. Alley, 5D19-2536 (Fla. 5th DCA March 20, 2020), the former husband appealed an order that arose from his Florida divorce case, and the issue of the timeliness of his appeal was the focus.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a lawyer does not show up for a scheduled hearing in a Florida family law case? This was at issue in the case Zhou v. Yuwen Chen, 3D19-1671 (Fla. 3d DCA March 4, 2020) in which the trial court sanctioned a lawyer almost $2,000.00 for failing to appear for a divorce trial.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida family law attorneys are supposed to be zealous advocates for their clients. When “zealous” crosses the line into a lawyer being labeled as displaying bad faith conduct, a Florida family law court may decide to sanction the lawyer in addition to sanctioning the party represented by the lawyer. This was at issue in the case Wanda I. Rufin, P.A. v. Borga, 4D19-491 (Fla. 4th DCA February 26, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When does a Florida family law case qualify for appeal? The answer partly depends on whether or not the order is final. A non-final order may not qualify for appeal if it does not meet certain requirements set out by the Florida Rules of Appellate Procedure. In the case Muszynski v. Muszynski, 5D18-2445 (Fla. 5th DCA February 14, 2020) the former husband appealed an order of contempt against him, and the appellate court focused on the content of the order in deciding the case.
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.
