Alimony:
Giegold v. Giegold, 395 So.3d 632 (Fla. 6th DCA 2024). Judgment awarding alimony and retroactive alimony reversed when there are no findings of net worth, alimony calculation was based on gross income as opposed to net income, and for further awarding retroactive alimony without any findings of need or ability. Judge Mark F. Carpanini reversed.
Discovery:
Fields v. Coletta, 49 Fla.L.Weekly D1874 (Fla. 3rd DCA 2024). Petition to quash discovery denied when husband claimed production of business documents would violate his 5th amendment right. Privilege only protects person from their own testimonial communications, not a tax return. Judge Abby Cynamon presiding.
Enforcement:
Shernoff v. Shernoff, 392 So.3d 794 (Fla. 4th DCA 2024). Trial court erred failing to hold husband in contempt for his failure to fund children’s account. Court found that because the Wife allowed the Husband to fund the children’s Florida Prepaid, instead of their 529 account, Wife could not enforce the amount the Husband agreed to contribute. Court also erred finding agreement relieved husband of his obligation. Judge Cheryl A. Caracuzzo affirmed in part, reversed in part.
Equitable Distribution:
Knott v. Knott, 395 So.3d 1147 (Fla. 6th DCA 2024). Final judgment totally reversed when 1) court determined it did not have jurisdiction to partition house, 2) included dissipated assets without a finding of misconduct, 3) misclassified non-marital assets as marital, and 4) failed to account for tax liability. Judge Ramiro Manalich reversed.
Injunctions:
Zayon v. Valme, 40 Fla.L.Weekly D1913 (Fla. 3rd DCA 2024). Appellant failed to demonstrate abuse of discretion on final stalking injunction. Judge Christine Bandin affirmed.
Modification:
Beans v. Beans, 49 Fla.L.Weekkly D1929 (Fla. 1st DCA 2024). Trial court affirmed for reaching right result, but for wrong reason. Former husband was granted modification, but it was not enough in his mind. Lengthy discussion about initial determination v. burden to modify. Dissenting opinion. Judge Lacey Powell Clark affirmed.
Procedure:
Schulmann v. Schulmann, 393 So.3d 711 (Fla. 4th DCA 2024). Trial court erred granting motion for involuntary dismissal per 12.420(b) because court improperly weighed evidence in light favoring non-moving party. Judge Mariya Weekes reversed.
Radko v. Levi, 392 So.3d 799 (Fla. 4th DCA 2024). Post judgment pick-up order reversed when not supported by a proper petition for modification. Judge Francis Viamontes reversed.
Gutierrez v. Gutierrez, 49 Fla.L.Weekly D1805 (Fla. 3rd DCA 2025). Trial court lacked jurisdiction to order company to sell a property the Husband transferred to it, when such property was deemed marital property, but company not joined as a party to the lawsuit. Judge Victoria Del Pino affirmed in part, reversed in part.
Sanchez v. Sanchez, 393 So.3d 812 (Fla. 3rd DCA 2024). Trial court erred requiring Husband’s current wife, a non-party, to sign a note and mortgage. Judge Spencer Multack affirmed in part, reversed in part.
Temporary Relief:
Johnson v. Johnson, 392 So.3 798 (Fla. 4th DCA 2024). Temporary order awarding husband temporary ultimate decision making reversed when relief was not requested, record did not support award, and order failed to specify which areas father would have ultimate decision making on. Judge Leatha D. Mullins affirmed in part, reversed in part.
