Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Pro se litigants in Florida family law cases are parties who are not represented by a lawyer. They are representing themselves, and even if they are not familiar with rules of procedure or the law, they are usually held to the same standard as a lawyer in conducting themselves in the case. This is why it may not be ideal to proceed pro se. The case Duhamel v. Duhamel, 2D18-4020 (Fla. 2d DCA September 5, 2020) is an example of how self-representation can cause complications.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even if Florida is determined to be the home state of a child in a Florida child custody proceeding, the Florida courts may not be convenient because the child and one parent live in a different state. If this is the case, a parent may file a motion to dismiss based on forum non conveniens. This was at issue in the case Murphy v. Collins, 3D20-658 (Fla. 3d DCA September 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is it proper to disqualify a judge in a Florida family law proceeding? When a party has a reasonable basis to believe he or she will not receive an impartial ruling from a judge based on the judge’s conduct or statements, disqualification may be appropriate. This was an issue in the case Murphy v. Collins, 3D20-0672 (Fla. 3d DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A parent’s passport can be held by the court to compel compliance with, for example, child support obligations. However, certain procedural requirements must be met in order to divest a parent of his or her passport. This was an issue in the case Sosa v. Portilla, 3D20-475 (Fla. 3d DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
COVID-19 brought changes to the world, and many of us had to adjust to a new way of life which includes videoconferencing instead of in-person meetings. As many courts continue to hold hearings via video, rather than in-person, the requirements regarding allowing testimony by electronic means has not been an issue so much as it may be in the future or was in the past. In the case A.V. v. T.L.L., 2D19-530 (Fla. 2d DCA August 7, 2020), the father in a paternity case took issue with the court allowing testimony of a witness by telephone.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the reasons a Florida family law order will be set aside? There are various ways to challenge a court order, and knowing which way is best is the key to optimizing your chances of success on a motion to vacate an order. In the case Romero v. Brabham, 4D19-3769 (Fla. 4th DCA July 22, 2020), the former wife challenged an order holding her in contempt after she did not appear at a hearing.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens if a party does not show up to a hearing in his or her Florida family law case if the party’s appearance is required? Since the testimony and evidence of the party who does show up may be unopposed, the Court can order relief against the missing party that may not be favorable. This happened in the case Barrett v. Busser, 2D19-1744 (Fla. 1st DCA August 7, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties can agree in their Florida marital settlement agreement that if future litigation is initiated by either party, the party who “wins” will have his or her attorney’s fees paid by the other party. This is referred to as a prevailing party clause. Must a Florida family court enforce this clause? This was at issue in the case Levy v. Levy, 3D19-73 (Fla. 3d DCA July 15, 2020).
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.
