Family Law Case Updates – February 2024 – Stephens & Stephens Marital & Family Law

Agreements:

Dalmazzo v. Dalmazzo, 49 Fla.L.Weekly D276 (Fla. 3^rd DCA 2024).  The trial court’s finding that the Husband properly exercised his option in the parties’ prenuptial agreement was not supported by substantial competent evidence, when agreement required Husband to provide written notice 30 days in advance.  Judge Maria Espinosa Dennis affirmed in part, reversed in part.   

Appeals:

Agriesti v. Agriesti, 384 So.3d 212 (Fla. 4^th DCA 2024).  Appeal seeking review of attorney’s fees dismissed when entitlement to fees had been awarded, but not amount.  Equitable distribution and alimony issues affirmed.  Judge George Odom Jr. affirmed in part, dismissed in part.

Attorney’s Fees:

Levy v. Levy, 49 Fla.L.Weekly D269 (Fla. 3^rd DCA 2024).  The trial court erred reallocating $48,000 in Guardian Ad Litem fees to Mother because she caused many of the GAL’s fees and received economic assistance from her boyfriend and brother.  Court failed to make findings about any GAL fees caused by the Mother’s behavior, and the Court did not make appropriate findings for imputation of financial assistance.  Judge Ivonne Cuesta reversed.

Evidence:

Vindel v. Stewart, 49 Fla.L.Weekly D326 (Fla. 3^rd DCA 2024).  Trial court erred relying on records from a bank in a foreign country that were not properly authenticated.  The bank statements came from an international representative, as opposed to the records custodian, and the “records custodian” affidavit failed to meet the requirements of F.S. 90.902(11).  Other collateral issues reversed as a result.  Judge Maria Elena Verde reversed.

Procedure:

In Re: Amendments to Florida Family Rule of Procedure – Forms 12.900(h) and 12.928, 49 Fla.L.Weekly S8 (Fla. 2024).  Adds “support for adult children” as an option for civil cover sheet and notice of related cases.

Temporary Relief:

Adams v. Cunningham, 49 Fla.L.Weekly D237 (Fla. 4^th DCA 2024).  Temporary support award that exceeded Husband’s income reversed. A husband should not be required to invade his modest assets to pay support.  Judge Cynthia L. Cox reversed.