Alimony:
Stockdale v. Stockdale, 50 Fla.L.Weekly D817 (Fla 1st DCA 2025). Award of permanent alimony was in error for case heard in May 2023 and judgment issued in August 2023 was pending as of July 1, 2023 when permanent alimony was abolished. Judge Darlene F. Dickey reversed.
Eberhart v. Eberhart, 50 Fla.L.Weekly D732 (Fla. 5th DCA 2025). Even without transcript, it was clear from face of judgment that trial court erred calculating alimony and child support based on parties’ gross incomes. Judge Jigisa Bhikhubhai Dookhoo affirmed in part, reversed in part
Edman v. Edman, 50 Fla.L.Weekly D721 (Fla. 4th DCA 2025). Even without transcript, final judgment that does not contain findings of wife’s need and husband’s ability to pay, reversed. Judges Karen M. Miller and John Lenderman affirmed in part, reversed in part.
Appeals:
Nikolaev v. Nikolaeva, 50 Fla.L.Weekly D869 (Fla 3d DCA 2025). Appellant could not challenge final judgment without record. Judge Jason Emilios Dimitris affirmed.
Shaw v. Perez-Shaw, 50 Fla.L.Weekly D869 (Fla 3d DCA 2025). Trial court affirmed for granting emergency motion for supervised timesharing when appellant failed to provide a record. Judge Veronica Diaz affirmed.
Taylor v. Carlson, 50 Fla.L.Weekly D853 (Fla. 2d DCA 2025). Motion for rehearing of order, entered after hearing before magistrate, did not toll the time after a motion to vacate had already been ruled upon. Matter dismissed.
Child Support:
Morrell v. Alsentzer, 50 Fla.L.Weekly D882 (Fla 4th DCA 2025). Trial court erred dismissing petition seeking retroactive support for child who was emancipated based on Lawrence v. Hershey, 890 So.2d 350 (Fla 4th DCA 2004). Lawrence precluded the seeking of support post-emancipation, not twenty-four months before filing to date of emancipation. Judge Rosemarie Scher reversed.
Hunter v. Hunter, 50 Fla.L.Weekly D734 (Fla. 5th DCA 2025). Trial court erred basing child support on parties’ gross incomes. Judge Lester Bernard Bass affirmed in part, reversed in part.
Enforcement:
Robilotta v. Karkhoff, 50 Fla.L.Weekly D880 (Fla. 4th DCA 2025). Trial court erred in awarding $100 for prosecution costs after indirect criminal contempt proceeding when prosecuted by private attorney. Trial court was without jurisdiction to award fees to private attorney for indirect criminal contempt, but appellant never filed a notice of appeal on that issue so appellate court could not address. Judge Laura C. Burkhart affirmed in part, reversed in part.
Said v. Bell, 50 Fla.L.Weekly D863 (Fla. 2d DCA 2025). Trial court erred holding party in contempt for failure to make equalizing payment. Judge Brian Edward Gnage affirmed in part, reversed in part.
Lett v. Lett, 50 Fla.L.Weekly D783 (Fla. 5th DCA 2025). Court affirmed for awarding fees as a sanction per Fla. Stat. 61.13(4)(c)(2) without considering need, when mother found in contempt for missed timesharing, but $25 per day fine reversed when not requested in pleadings. Judge Jigisa Patel-Dookhoo affirmed in part, reversed in part.
Injunctions:
Castro v. Guitierrez o/b/o Castro, 50 Fla.L.Weekly D868 (Fla. 3d DCA 2025). Injunction against sexual violence on minor child entered based solely on child hearsay, reversed. Mother was not eyewitness, submitted no direct proof, and failed to submit affidavits of eyewitnesses per Fla. Stat. §784.046(4)(a)(1). Judge Veronica Diaz reversed.
Bechert v. Bechert, 50 Fla.L.Weekly D836 (Fla. 4th DCA 2025). Domestic violence injunction entered protecting minor child was improper, when alleged act was form of discipline toward child, and could not put child in fear of being a victim of domestic violence. Judges Susan Lebow and Elaine A. Carbuccia reversed.
Jurisdiction:
Lindstrom v. Lindstrom, 50 Fla.L.Weekly D748 (Fla 3d DCA 2025). UCCJEA does not apply if parties do not dispute custody of a minor child. Judge Christina Marie DiRaimondo affirmed.
Paternity:
Bauer v. Carlson & Butler, 50 Fla.L.Weekly D780 (Fla. 5th DCA 2025). Trial court properly denied potential biological father’s motion to intervene and motion to disestablish paternity. Trial court did err dismissing it with prejudice when it announced it would dismiss without prejudice. Judge Thomas R. Eineman affirmed in part, reversed in part.
Procedure:
Stamler v. Stamler, 50 Fla.L.Weekly D853 (Fla 2d DCA 2025). Trial court denied party’s due process by stopping hearing scheduled for an hour after an hour had passed, without allowing the party to testify and present evidence on a contested issue. Judge Wendy DePaul reversed.
Tucker v. Tucker, 50 Fla.L.Weekly D845 (Fla 5th DCA 2025). Former wife sought relief from QDRO order on Florida Retirement System that had an additional paragraph that eliminated former wife’s enforcement to DROP benefits. Motion filed by former wife more than a year after entry of the order. Rule 12.540(a) does not apply here, because it does not allow for substantive changes. Rule 12.540(b) does not apply here, because motion filed more than a year after entry. Judge Michelle T. Morley reversed.
Bouquet v. Jones, 50 Fla.L.Weekly D814 (Fla 3d DCA 2025). A series of adverse rulings and the requirement that proceedings must be live as opposed to held on Zoom is not sufficient to support disqualification of the judge. Writ of prohibition against two trial judges denied.
