Alimony:
Jocelyn v. Jocelyn, 49 Fla.L.Weekly D1290 (Fla. 5th DCA 2024). An order awarding alimony which lists a few statutory findings without making any actual findings, shall be reversed. Judge Sandra C. Upchurch affirmed in part, reversed in part.
Attorney’s Fees:
Conde-Berrocal v. Conde, 49 Fla.L.Weekly D1355 (Fla. 5th DCA 2024). Amount of 40% of fees awarded to a party who also received $2 million in equitable distribution was reversed. Judge Lance M. Day affirmed in part, reversed in part.
Corporations:
Haskell v. PCP Group LLC, 49 Fla.L.Weekly D1130 (Fla. 2nd DCA 2024). Trial court erred denying former wife’s motion for summary judgment concerning ownership of a corporation, where the Wife was awarded ½ of the Husband’s shares of said corporation in the parties’ divorce. This case is a declaratory judgment action supplemental to parties’ divorce, where corporation attempted to divest the Wife of her shares. The Husband made the exact same argument during the divorce and failed. Judge Cynthia Newton reversed.
Enforcement:
Burlinson v. Wilson, 49 Fla.L.Weekly D1190 (Fla. 4th DCA 2024). Order of criminal contempt for willfully and intentionally violating a court order regarding visitation affirmed, but certain conditions of probation reversed. Trial court could not require contemnor to pay prosecution costs when matter was prosecuted by private attorney and could not require contemnor to pay $1,923 in attorney’s fees. Judge Brett M. Waronicki affirmed in part, reversed in part.
Equitable Distribution:
Rosenberg v. Rosenberg, 49 Fla.L.Weekly D1357 (Fla. 5th DCA 2024). First Florida appellate case addressing calculation of goodwill of a multi-member professional practice. Here, trial court affirmed for excluding personal goodwill of other members from calculation and question certified to the Supreme Court. Judge Lance M. Day affirmed.
Conde-Berrocal v. Conde, 49 Fla.L.Weekly D1355 (Fla. 5th DCA 2024). Personal goodwill case. A restrictive covenant itself is the strongest indicator of personal goodwill. Valuation, even though not perfect, was minimally acceptable. Judge Lance M. Day affirmed in part, reversed in part.
Smoot v. Smoot,49 Fla.L.Weekly D1273 (Fla. 1st DCA 2024). Trial court erred classifying financial account as marital when the records reflect it was acquired 10 years before marriage and never commingled. Judge J. Scott Duncan affirmed in part, reversed in part.
Hinojosa v. Hinojosa, 49 Fla.L.Weekly D1170 (Fla. 2nd DCA 2024). Trial court erred classifying retirement account as marital but then failing to distribute it. Since matter is being remanded, trial court can clarify how Wife can obtain her share of the marital residence in the event the Husband refinances it. Judge Helene L. Daniel affirmed in part, reversed in part.
Injunctions:
In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t) and 12.980(w), 49 Fla.L.Weekly S155 (Fla. 2024). Amends verification by removing notary block on protective injunctions and other changes that improve clarity and promote consistency.
Modification:
Malley v. Malley, 49 Fla.L.Weekly D1336 (Fla. 4th DCA 2024). Trial court erred divesting judicial determination to a doctor to determine whether former husband successfully completed treatment. The trial court should be the sole decider of whether a parent has successfully complied with court-ordered conditions in order to increase that parent’s timesharing. Judge James L. Martz affirmed in part, reversed in part.
Parenting:
Whitacre v. Ragan, 49 Fla.L.Weekly D1345 (Fla. 2nd DCA 2024). Trial court erred by limiting Mother’s evidence to be focused only on the allegations raised in the Father’s motion to dissolve emergency temporary custody order, as opposed to the best interests of the minor children. Judge James S. Moody, III reversed.
Procedure:
In Re: Amendments to Florida Family Law Rules of Procedure, 49 Fla.L.Weekly S163 (Fla. 2024). Amends 12.490 and 12.491 by changing deadline on motion to vacate from 10 days to 15 days. Amends 12.740 to expand referral to mediation to require party to advise court if there is a protective injunction or domestic violence conviction, and court may waive mediation or enter appropriate order. Rule 12.400(d) concerning conditional sealing of financial documents amended to remove reference to 2.420. Amends 12.470 to remove outdated reference to Supreme Court website.
Ware v. Ware, 49 Fla.L.Weekly D1292 (Fla. 5th DCA 2024). Court erred in entering an order relieving party of final judgment for unilateral mistake when it wasn’t a mistake at all. Judge Lance M. Day affirmed in part, reversed in part.
Silver v. Goodrich, 49 Fla.L.Weekly D1195 (Fla. 4th DCA 2024). Trial Court erred when final judgment was not consistent with oral pronouncements, as written order gave Mother a different weekly overnight with the child than the one made by the Court orally. Judge James L. Martz affirmed in part, reversed in part.
Alvares-Watters v. Watters, 49 Fla.L.Weekly D1192 (Fla. 4th DCA 2024). Final judgment issued over one year after the trial concluded must be reversed because of the extreme delay, as well as other inconsistencies and other errors in the judgment including determination of school designation. Judge Laura Johnson reversed.
Relocation:
Blatt v. Blatt, 49 Fla.L.Weekly D1276 (Fla. 3rd DCA 20240). Trial court affirmed for requiring former wife to return minor children she relocated without permission. Trial court did err in granting relief not requested. Judge Oscar Rodriguez-Fonts affirmed in part, reversed in part.
Lane v. Fuller, 49 Fla.L.Weekly D1245 (Fla. 5th DCA 2024). Trial court erred granting relocation when former wife failed to attach her job offer to the petition. Relocation petition must be in strict accordance with F.S. §61.13001. Substantial compliance is not enough. Judge Michelle Pruitt Studstill reversed.
Support:
Angilot v. FL. Dept. of Revenue, 49 Fla.L.Weekly D1330 (Fla. 3rd DCA 2024). Father could not appeal how his income was determined in an administrative support proceeding when he failed to participate in the proceedings.
