Enforcement:
Lavinder v. Bryson, 394 So.3d 1271 (Fla. 1st DCA 2024). Order denying motion for contempt improperly found that alimony obligation had been terminated as a matter of law. Court did not have jurisdiction to terminate. Also deals with foreign decree and defenses available in other jurisdiction. Judge John L. Miller, Jr. affirmed. Replaces opinion at 49 Fla.L.Weekly D1779a.
Equitable Distribution:
Frank v. Frank, 394 So.3d 1187 (Fla. 4th DCA 2024). Finding that both parties are equally responsible for tax liability during marriage was sufficient to comply with 61.075(3) (identifying and designating marital and non-marital assets and liabilities). Judge Dina Keever-Agrama affirmed.
Modification:
Dwight v. Dwight, 395 So.3d 698 (Fla. 5th DCA 2024). Trial court improperly denied modification because MSA mentioned husband’s retirement, so his retirement was “contemplated.” However, there was no evidence in record to suggest retirement or loss of income was accounted for, factored in, nor baked into the alimony number. Judge Jigisa Patel-Dookhoo reversed.
Procedure:
Garnett v. Duvalsaint, 49 Fla.L.Weekly D1980 (Fla. 3rd DCA 2024). Husband sought review of court’s order denying his motion to vacate order resulting from a hearing before the magistrate when no transcript on the hearing on the motion to vacate was provided. Judge Marlene Fernandez-Karavetsos affirmed.
Shlimbaum v. Shlimbaum, 394 So.3d 1157 (Fla. 4th DCA 2024). Attorneys made procedural mess and allowed parties to get divorced without resolving all issues. While jurisdiction was reserved, husband argued temporary orders that were meant to continue were extinguished as they were not specified in “partial final judgment.” Because issues were not adjudicated with finality, appellate court deemed “partial final judgment” a non-final order. Judge Mariya Weeks reversed.
Relocation:
Cruz v. Morales, 49 Fla.L.Weekly D2104 (Fla. 3rd DCA 2024). Final judgment denying petition for relocation affirmed as no abuse of discretion demonstrated. Judge David Young affirmed.
Giacomaro v. Brossia, 396 So.3d 222 (Fla. 4th DCA 2024). Final paternity judgment granting father majority timesharing and relocation reversed when decision was based on speculation that the father’s situation would improve. Judge Laura C. Burkhart reversed.
Support:
Frank v. Frank, 394 So.3d 1187 (Fla. 4th DCA 2024). Trial court is not required to make findings regarding dependency tax exemption, nor is required to address who receives the dependency tax exemption. Judge Dina Keever-Agrama affirmed.
Morrelli v. Bordelon, 394 So.3d 1261 (Fla. 5th DCA 2024). Trial court erred modifying support back to date of final judgment as opposed to date of filing petition. Judge R. Gregg Jerald affirmed in part, reversed in part.
UCCJEA:
Burgos v. Vargas, 395 So.3d 683 (Fla. 2nd DCA 2024). Trial court’s sua sponte order relinquishing jurisdiction to North Carolina was improper, when the child’s aunt, who had temporary custody, was not afforded notice or an opportunity to be heard. Judge Robert A. Bauman reversed.
