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Procedure

Florida family law: attorney's fees in indirect criminal contempt proceedings

Florida family law: attorney's fees in indirect criminal contempt proceedings

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Criminal penalties can sometimes be levied in Florida family law cases. These are usually the result of indirect criminal contempt proceedings. How is a request for attorney’s fees and costs determined in indirect criminal contempt proceedings in a Florida family law case? This was an issue in Burlinson v. Wilson, 4D2023-0464 (Fla. 4th DCA June 5 2024).

Summary judgment in a Florida family law appeal

Summary judgment in a Florida family law appeal

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is summary judgment in a Florida family law case? This is a judgment entered by the court when there is no issue of material fact. In other words, when the court finds that there is no genuine dispute regarding an issue in the case, the court will skip conducting a trial on the issue. The court will instead just enter a judgment on the issue. In a way, this is an expedited way of getting a final judgment. One example would be if the parties agree in a paternity case that the father is the biological and legal father of a child. Since the parties agree, there is no need to have a trial on this issue, so the court can enter summary judgment declaring the father to be the father. Can summary judgment be entered on appeal? This was an issue in the case Saenz v. Sanchez, 3D24-0862 (Fla. 3d DCA May 29, 2024).

Florida family law: withdrawal of an attorney on the day of trial

Florida family law: withdrawal of an attorney on the day of trial

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What reasons can an attorney use to withdraw from representing a party in a Florida family law case? Bases for withdrawal are listed in Rule 4-1.16 of the Rules Regulating the Florida Bar. Usually, good cause must be shown, and this includes a failure of the client to pay for the lawyer’s services. Withdrawal of a lawyer was an issue in the case Elsawaf v. Eslawaf, 5D2023-0748 (Fla. 5th DCA May 10, 2024).

Dismissal of a Florida divorce case for lack of prosecution

Dismissal of a Florida divorce case for lack of prosecution

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

A Florida divorce case can be dismissed if neither party takes action to move the case forward. If there has been no activity in the case for 10 months, the court or a party may issue a notice that the case will be dismissed for lack of prosecution if nothing is done to progress the case within the 60 days following service of the notice. This was an issue in the case Reed v. Reed, 4D2023-1898 (Fla. 4th DCA May 15, 2024).

Florida family law procedure: paying for subpoenaed information

Florida family law procedure: paying for subpoenaed information

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).

Florida family law: contempt of marital settlement agreement

Florida family law: contempt of marital settlement agreement

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

In order for a party to be held in contempt in a Florida family law case, the terms of an order that is alleged to have been violated must be clear and unambiguous. A party cannot be held in contempt of terms of an order that do not exist. This was an issue in the case Prieto v. Rossi, 4D2022-3045 (Fla. 4th DCA April, 17, 2024) in which an attorney representing a party to a divorce was held in contempt of terms of a marital settlement agreement.

Florida family law: sanctions under Fla. Stat. 57.105

Florida family law: sanctions under Fla. Stat. 57.105

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is a 57.105 motion in a Florida family law case? This is a motion which asks the court for sanctions against a party and/or the party’s attorney for raising unsupported claims in a proceeding. 57.105 refers to the Florida Statute section which authorizes this fee. That section of the statute requires that specific steps be taken before this motion can be filed. This was an issue in the case Fantauzzi v. Fleck, 2D23-1390 (Fla. 2d DCA April 3, 2024).

Florida family law: Gifts from family may be income

Florida family law: Gifts from family may be income

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Can financial help from relatives be considered income in a Florida family law case? If the help is regular and expected to continue, it can be considered income that is imputed to a party for purposes of determining alimony and child support. This was an issue in the case Levy v. Levy, 3D22-1980 (Fla. 3d DCA March 6, 2024).