Appeals:
Ouslander v. Ouslander, 398 So.3d 1002 (Fla. 4th DCA 2024). Appellate court has no authority to reweigh testimony when the trial court finds it not to be credible. Judge Anastasia M. Norman affirmed.
Attorney’s Fees:
Kranci v. Kranci, 398 So.3d 996 (Fla. 4th DCA 2024). Trial court erred denying attorney’s fees to Wife, when Husband’s income was three times greater, and Husband has more liquid assets. Embedded in the concept of financial need is the notion that an award of fees is proper to prevent the inequitable diminution of a spouse’s share of an equitable distribution. Judge Natasha DePrimo affirmed in part, reversed in part.
C.T. v. T.G., 397 So.3d 219 (Fla. 6th DCA 2024). 6th DCA shakes things up again by concluding that F.S. 742.045 does not provide a basis for attorney’s fees in a paternity appeal. 6th certifies conflict. Judge Michael Kraynick affirmed.
Ospina-Shone v. Shone, 49 Fla.L.Weekly D2220 (Fla. 3rd DCA 2024). F.S. 61.16 fees that were awarded because Wife did not accept 3 good settlement offers, reversed when there were no findings of need or ability. Still must be a finding of need and ability to pay. Judge Marcia B. Caballero reversed.
Equitable Distribution:
Smith v. Smith, 397 So.3d 187 (Fla. 5th DCA 2024). Trial court erred crediting Husband $950,000 for tax liability twice. Judge Joan Anthony affirmed in part, reversed in part.
Donahue v. Donahue, 398 So.3d 1052 (Fla. 2nd DCA 2024). Trial court found no personal goodwill, when Husband failed to show his business depended on his personal skill, reputation or continued participation. Husband took over business without specialized training, and value of business did not decrease with former owner’s departure. House also should have been valued at time of trial because general rule is to value marital assets that passively appreciate at time of trial when no waste demonstrated. Judge Brian Gnage affirmed in part, reversed in part.
Rojas v. Otero, 49 Fla.L.Weekly D2257 (Fla. 3rd DCA 2024). Award of marital home reversed when no findings of fact to substantiate unequal distribution. Awarding a party “at least 50% of dissipated assets” is to ambiguous to comply with 61.075. Judge David Young affirmed in part, reversed in part.
Income:
A.A. v. M.A., 396 So.3d 842 (Fla. 2nd DCA 2024). Trial court’s imputation of income to Wife reversed, even when Wife’s pleadings were stricken, because the imputation was based on a 2019 position which was outdated and record did not have indication if Wife left that position voluntarily. Judge Linda H. Babb affirmed in part, reversed in part.
Modification:
O’Brien v. O’Brien, 396 So.3d 585 (Fla. 4th DCA 2024). Trial court properly modified Former Husband’s alimony obligation when his expenses increased which created a deficit, but the Court should have modified it to nominal, instead of termination, when Former Husband did not show he had no prospect for future income or to reduce his expenses. Judge Rosemarie Scher affirmed in part, reversed in part.
Paternity:
Watson v. Spencer, 397 So.3d 189 (Fla. 5th DCA 2024). Trial court erred finding voluntary acknowledgment of paternity was product of fraud, and holding there was no conclusive evidence to rebut paternity. Based on finding of fraud, presumption of paternity was rebutted, and case remanded for further proceedings. Judge Christopher Kelly reversed.
Procedure:
Kranci v. Kranci, 398 So.3d 996 (Fla. 4th DCA 2024). Husband stipulated to value of house in 2021 in order to forego a delay having trial. Trial was delayed nevertheless, and a new judge rotated in. Two years later, matter was still pending and house value increased significantly in the meantime. Trial court erred denying motion to set aside stipulation as implied condition so he could go to trial. Trial court also erred asking party to waive his right to appeal a decision on a pre-trial ruling. A trial court has no business conditioning a trial, or appearing to do so, upon a litigant’s waiver of the right to appeal a pre-trial ruling. Judge Natasha DePrimo affirmed in part, reversed in part.
Temporary Relief:
Domnin v. Domina, 396 So.3d 577 (Fla. 4th DCA 2024). Temporary relief order reversed when trial court terminated hearing after Wife presented her evidence, but the Husband did not have the same opportunity, which denied the Husband his due process. Judge Michael Davis reversed.
UCCJEA:
De la Melena v. Panez, 397 So.3d 253 (Fla. 6th DCA 2024). Trial court affirmed for denying Hague action to return child to Peru, because of the “well settled” or “now settled” exception. Judge Barbara J. Leach affirmed.
Bravo v. Johnson, 396 So.3d 874 (Fla. 1st DCA 2024). Writ of prohibition granted to prevent Court from modifying a foreign child support order when foreign court had exclusive jurisdiction to modify.
