Appeals:
Rybkin v. Kirilina, 49 Fla.L.Weekly D782 (Fla. 5th DCA 2024). Former husband appealed order holding him in contempt and order denying disqualification, but no transcripts were provided with appeal, so appellate court could not determine if error was committed. Judge Stasia Warren affirmed.
Fluhart v. Rasmussen, 49 Fla.L.Weekly D753 (Fla. 5th DCA 2024). Appeal of order prepared by magistrate under 12.490, affirmed as appellant failed to file a motion to vacate first. However, appellate court recedes from its holding in Gatchell that failure to file a motion to vacate is a jurisdictional bar to appellate review. Judge Suzanne Bass affirmed.
Knight v. Knight, 49 Fla.L.Weekly D687 (Fla. 1st DCA 2024). The trial court was affirmed even though the final judgment did “…not perfectly meet the parameters of Chapter 61,” but the trial court did make oral findings based on sufficient evidence for its decision regarding alimony, timesharing and relocation. Overall the dissolution judgment appears proper in chancery under circumstances of the case and how it was litigated. Judge Kelvin C. Wells affirmed in part, reversed in part.
Enforcement:
Prieto v. Bossi, 49 Fla.L.Weekly D861 (Fla. 4th DCA 2024). The trial court erred holding party’s attorney in contempt and requiring her to pay attorney’s fees for an action that was not specifically required in a final judgment or order. Judge James L. Martz reversed.
Johnson v. Johnson, 49 Fla.L.Weekly D837 (Fla. 5th DCA 2024). Order granting contempt and IWO reversed, when it determined arrears which were not requested at this hearing nor noticed in a motion, and added the amount the Husband was supposed to pay for the Wife’s health insurance premium to her arrears. Appropriate remedy would be to have husband reimburse wife any out-of-pocket expenses she incurred during the time he did not pay her insurance. Judge Jigisa Patel-Dookhoo reversed.
Rich v. Rich, 49 Fla.L.Weekly D702 (Fla. 2nd DCA 2024). Party cannot be held in contempt when order party violated has been reversed. Judge Christopher Labruzzo reversed.
Injunctions:
Rowland v. Rowland, 49 Fla.L.Weekly D783 (Fla. 6th DCA 2024). Domestic violence injunction reversed when record did not support finding petitioner has reasonable cause she was in imminent danger of becoming a victim of domestic violence. Judge Cynthia Pivacek reversed.
Parenting:
Ramirez v. Marzano, 49 Fla.L.Weekly D724 (Fla. 4th DCA 2024). Trial court erred entering an ex parte order suspending Mother’s overnight timesharing, when Judge suggested to counsel for Father that he file motion and Court did not set return hearing for four months. Judge Lorena V. Mastrarrigo reversed.
Procedure:
Chan v. Addison, 49 Fla.L.Weekly D885 (Fla. 6th DCA 2024). Writ of Prohibition filed, and appellate court treated it as an appeal of non-final order. Trial court erred striking entire parenting plan from established final judgment, when party sought to modify it because communication with child was not addressed. Striking a parenting plan for failing to address all requirements in 61.13(2)(b) is not an inappropriate remedy, and it was not requested by a party.
Korman v. Shapiro, 49 Fla.L.Weekly D798 (Fla. 3rd DCA 2024). Trial court affirmed for not setting aside default when wife was not personally served, and she did not have a notice of designation of email filed, but all pleadings were sent to an email that was in the record for the wife. However, final judgment reversed because final hearing was noticed by attorney and not set by order of court per 12.440(a). Judge Macia Del Rey reversed.
O’Hair v. O’Hair,49 Fla.L.Weekly D759 (Fla. 6th DCA 2024). Trial court erred setting aside judgment 20 years after it was entered that required Wife to pay a substantial portion of her income to husband based on coercion, duress and an extreme state of fear. Casto applies to agreements, not final judgments. Case remanded to see if relief could be provided to determine if former husband filed a false financial affidavit during the divorce or pursuant to 12.540(b)(5), where it is no longer equitable to have prospective application. Judge Torea Spohr reversed.
Helmick v. Taylor, 49 Fla.L.Weekly D697 (Fla. 2nd DCA 2024). Third-party who was appointed and agreed to by husband, to be responsible for repaying the parties’ debt in the settlement agreement with the wife, did not have ability to enforce judgment as a third-party beneficiary. Judge Charles E. Williams affirmed.
Price-Lawrence v. Lawrence, 49 Fla.L.Weekly D659 (Fla. 2nd DCA 2024). Final judgment reversed because it did not conform to trial court’s oral pronouncements. Judge G. Gregory Green affirmed in part, reversed in part.
Support:
Knight v. Knight, 49 Fla.L.Weekly D687 (Fla. 1st DCA 2024). Trial court erred for not offsetting child support for one child, when that child that was residing with obligor. Judge Kelvin C. Wells affirmed in part, reversed in part.
