Alimony:
Frazier v. Dodd, 50 Fla.L.Weekly D681 (Fla. 5th DCA 2025). Trial court erred granting alimony without any findings of wife’s expenses. Judge Brian J. Welke reversed.
Shouman v. Salama, 50 Fla.L.Weekly D601 (Fla. 6th DCA 2025). Trial court erred first finding wife has need of $4000/month, then concluding wife did not prove need based on being able-bodied, capable of working and receiving large equitable distribution. Trial court also erred including expenses the husband did not actually pay in determining his ability. Judge Michael Deen reversed.
Appeals:
Stivelman v. Stivelman, 50 Fla.L.Weekly D677 (Fla. 5th DCA 2025). Appellate court vacated order issued before mandate because trial court did not have jurisdiction. Judge Ivonne Cuesta’s order vacated.
Attorney’s Fees:
Nicholas v. Nicholas, 50 Fla.L.Weekly D647 (Fla. 4th DCA 2025). Trial court erred adding a provision to parties’ agreement that remaining fees will be paid from marital property when relief not requested and all marital assets had already been distributed. Judge Elaine A. Carbuccia affirmed in part, reversed in part.
Child Support:
Nicholas v. Nicholas, 50 Fla.L.Weekly D647 (Fla. 4th DCA 2025). Trial court reversed for not attaching child support guidelines, failing to use husband’s imputed income to calculate support, and failing to require a party to provide health insurance. Judge Elaine A. Carbuccia affirmed in part, reversed in part.
Alvarez v. Stochetti, 50 Fla.L.Weekly D620 (Fla 3d DCA 2025). Trial court erred basing child support on 70/30 timesharing, when it was 65/35, and erred for requiring support to be guaranteed by life insurance without finding of special circumstances. Judge David Young, affirmed in part, reversed in part.
Phara v. Robert, 50 Fla.L.Weekly D521 (Fla. 3d DCA 2025). Father appealed support order alleging mother did not provide mandatory discovery. The argument was meritless because the record proved otherwise. Judge Veronica Diaz affirmed.
Aguirre v. Andrukiebich, 50 Fla.L.Weekly D515 (Fla. 3d DCA 2025). Even without a transcript, inconsistencies between the order and child support guidelines required reversal. However, appellate court could not review any other alleged errors without a transcript. Judge Samantha Ruiz Cohen, affirmed in part, reversed in part.
Enforcement:
Prichard v. Galicia, 50 Fla.L.Weekly D614 (Fla 3d DCA 2025). Writ of certiorari granted to quash $1,000 day coercive fine as it was not based on the party’s ability to pay. Judge Abby Cynamon, order quashed.
Bouquet v. Jones, 50 Fla.L.Weekly D515 (Fla. 3d DCA 2025). Order finding husband in contempt affirmed when husband thwarted discovery and was not credible. See Baratta v. Costa-Martinez, 139 So 3d 407 (Fla. 3d DCA 2014). Judge Jason Emilios Dimitris affirmed.
Equitable Distribution:
Frazier v. Dodd, 50 Fla.L.Weekly D681 (Fla. 5th DCA 2025). Trial court erred finding wife was party owner who bore cost of continued ownership when husband made a number of mortgage payments. Trial court erred using date of filing to value house and date of trial to value mortgage, as this created unequal distribution. Court erred failing to give husband one-half credit for mortgage payments he made. Judge Brian J. Welke reversed.
Busto v. Arias, 50 Fla.L.Weekly D640 (Fla. 3d DCA 2025). Trial court’s business valuation affirmed in setting value of marital business without any expert testimony for goodwill affirmed, even though husband argued the court erred by including his salary as both an expense and an asset. Trial court also affirmed for valuing residence based on the wife’s financial affidavit when there was no other evidence of current value. Judge Spencer Multack affirmed.
Alvarez v. Stochetti, 50 Fla.L.Weekly D620 (Fla 3d DCA 2025). Trial court affirmed for treating remaining debt of promissory note signed at commencement of husband’s employment with Morgan Stanley that is partially forgiven after each year of work as a contingent liability. Judge David Young, affirmed in part, reversed in part.
Injunctions:
Blake v. Fares, 50 Fla.L.Weekly D629 (Fla. 5th DCA 2025). Email the respondent sent to multiple classmates that gave his version of events that led to parties’ divorce that did not threaten violence could not form basis for injunction. Judge Eric Roberson reversed.
Schmigel v. Schmigel, 50 Fla.L.Weekly D601 (Fla. 6th DCA 2025). Trial court did not violate respondent’s due process rights by allowing sixteen-year-old child to attend and testify at hearing without an order authorizing it as required by the rules. To satisfy due process requirement at an injunction hearing, the parties must have a reasonable opportunity to prove or disprove the allegations made in the complaint, which includes allowing relevant testimony of pertinent non-cumulative witnesses who are present and cross-examination by the other side. Rule 12.407(a) was promulgated to protect children, not expand due process rights. Judge Dawn Caloca-Johnson affirmed.
Jurisdiction:
Carrasco v. Jimenez, 50 Fla.L.Weekly D547 (Fla. 4th DCA 2025). Wife petitioned for divorce. Court granted husband’s motion to dismiss because the husband alleged the parties were divorced in Venezuela and domesticated a Venezuelan final judgment. Trial court erred granting motion to dismiss because wife’s petition did not mention the Venezuelan divorce and allegations must be deemed admitted. Trial court must review foreign judgment to ensure it complies with the rule of comity. Here Venezuelan court did not have personal or subject matter jurisdiction over wife, so domestication order also reversed. Judges Dale C. Cohen and Kristin R. Kanter, reversed.
Modification:
Restrepo v. Otero Aquino, 50 Fla.L.Weekly D580 (Fla. 3d DCA 2025). Order dismissing modification affirmed when grounds did not allege a substantial change in circumstances. Judge David Young affirmed.
Parenting:
Verdasco v. Vazquez, 50 Fla.L.Weekly D578 (Fla. 3d DCA 2025). Trial court’s award of ultimate decision-making authority as to education and healthcare affirmed when supported by the record. Judge George A. Sarduy affirmed
Mishkin v. Mishkin, 50 Fla.L.Weekly D569 (Fla. 3d DCA 2025). Order temporarily suspending timesharing affirmed when there was a true emergency. Judge Veronica Diaz affirmed.
Sala v. Wood, 50 Fla.L.Weekly D513 (Fla. 3d DCA 2025).Trial court affirmed after restoring parent’s timesharing after full hearing where all parties had notice and court properly considered all evidence. Judge Victoria Del Pino affirmed.
Partition:
Diaz v. Nolan, 50 Fla.L.Weekly D677 (Fla 5th DCA 2025). Partition judgment where parties agreed to private sale remanded to allow time for parties to effectuate private sale. If not done by specified time, judicial sale will take place.
Judge Russell L. Healey affirmed in part, reversed in part
Procedure:
Sanzaro v. Crowe, 50 Fla.L.Weekly D685 (Fla. 6th DCA 2025). In domestic violence case, trial court did not abuse discretion in denying motion to appear by Zoom. Judge John S. Carlin affirmed.
Smith v. Smith, 50 Fla.L.Weekly D566 (Fla. 3d DCA 2025). Trial court affirmed for denying eleventh hour request for continuance and referring support matter to judicial magistrate. Judge Jason E. Dimitris affirmed.
Cirillo v. Cirillo, 50 Fla.L.Weekly D559 (Fla. 2d DCA 2025). Trial court failed to include parties’ stipulation on support arrears, and failed to reserve jurisdiction to adjudicate timely filed charging lien. Judge Alicia Polk affirmed in part, reversed in part.
Temporary Relief:
Strolla v. Strolla, 50 Fla.L.Weekly D648 (Fla. 4th DCA 2025). Temporary relief order reversed when court ordered husband to pay certain expenses but presented no evidence of how husband could pay those expenses. Judge Dina Keever-Agrama reversed.
