Family Law Case Updates – June 2025 – Stephens & Stevens Marital & Family Law

Alimony:

Loconto v. Loconto, 50 Fla.L.Weekly D1175 (Fla. 4^th DCA 2025). Trial court erred awarding only $500 a month in durational alimony when Husband had ability to pay $949 a month, and Wife has a need as she is blind and Husband always supported her during 50-year marriage. Judge Lauren Alperstein affirmed in part, reversed in part.

Attorney’s Fees:

Cohen v. Cohen, 50 Fla.L.Weekly D1345 (Fla. 4^th DCA 2025). Trial court erred denying prevailing party his attorney fees for failing to present corroborating expert testimony that his fees are reasonable. F.S. 61.16 specifically includes exception to requirement of corroborating testimony in prevailing party.  Differentiates Roshkind v. Machiela, which involved an attorney seeking fees against client, as opposed to two parties in a family law proceeding. Judge Rosemarie Scher reversed.

Graydus v. Graydus, 50 Fla.L.Weekly D1276 (Fla. 4^th DCA 2025). Trial court erred awarding attorney’s fees where there was no evidence or testimony regarding requesting party’s financial needs.  It is not enough just to show other side’s ability to pay. Judge Sherwood Bauer affirmed in part, reversed in part.

Enforcement:

Saladino v. Saladino, 50 Fla.L.Weekly D1363 (Fla. 6^th DCA 2025). Trial court violated former husband’s due process by awarding former wife sole parental responsibility and 100% timesharing at a hearing the former husband failed to attend when relief was not plead. Judge Russell T. Kirshy reversed.

Zinnurov v. Shelegina, 50 Fla.L.Weekly D1310 (Fla. 6^th DCA 2025). Trial court erred granting an unsworn motion for contempt without a hearing or providing other party opportunity to respond. Judge Diana M. Tennis reversed.

Injunctions:

Lazaro Lau v. Gonzalez, 50 Fla.L.Weekly D1206 (Fla. 3^rd DCA 2025). Injunction can be granted even if there is conflicting evidence. It is up to trial court to determine credibility and resolve conflicts in the evidence. Record contained substantial evidence to support entry of injunction. Judge Linda Melendez affirmed.  Replaces opinion at 50 Fla.L.Weekly D1002.

Modification:

Squires v. Squires, 50 Fla.L.Weekly D1361 (Fla. 5^th DCA 2025). Trial court is not required to make findings of fact when denying a petition to modify a parenting plan. Judge Bernard S. Shapiro affirmed.

Parenting:

Lawler v. Lawler, 50 Fla.L.Weekly D1201 (Fla. 3^rd DCA 2025). Trial court affirmed for granting temporary relocation for Father and son to relocate to South Carolina without an evidentiary hearing, because Father was ordered to relocate because he is in Coast Guard.  Father had 305 overnights and Mom had summers, and therefore Father’s relocation did not impact timesharing.  Mother argued Father’s petition to relocate was legally insufficient as it failed to provide a post-relocation timesharing schedule and proposal for transportation costs.    Mother failed to respond/object to petition in 20 days, which justifies entry of order without an evidentiary hearing. Mother attempted to argue that best interests standard precludes determination merely on default, but order is clear that Court considered child’s best interests. Judge Luis Garcia, affirmed.

De Los Angeles Salazar v. Blanco, 50 Fla.L.Weekly D1200 (Fla. 3^rd DCA 2025).   Even without trial transcript, paternity final judgment reversed when there was no parenting plan, and only finding concerning child was shared parental is in child’s best interest. Although F.S. 61.13(3) does not require written findings justifying a custody award, the record must at least demonstrate that F.S. 61.13 factors were considered. Judge Marcia Del Rey reversed and remanded.

Procedure:

Gooch v. Cohen, 50 Fla.L.Weekly D1350 (Fla. 1^st DCA 2025). Pro se appeal treated as a writ of mandamus, which was granted and required trial court to hold a hearing on petition for modification.

Wiendl v. Wiendl, 50 Fla.L.Weekly D1355 (Fla. 2^nd DCA 2025). Trial court went too far restraining litigious pro-se party from filing papers without an attorney’s signature, and requiring mediation and making the pro se party pay for mediation whenever there were 3 motions pending, without providing litigant with notice and an opportunity to be heard.  Barring a self-represented litigant from filing papers is strong medicine.  Writ of certiorari granted, and Judge Wesley D. Tibbals order quashed.

In Re: Amendments to the Florida Family Law Rule of Procedure – Forms, 50 Fla.L.Weekly S139 (Fla. 2025).  Revisions to several family law forms, including mandatory disclosure and long-form financial affidavit.

In Re: Amendments to the Florida Family Law Rule of Procedure – Forms, 50 Fla.L.Weekly S119 (Fla. 2025).  Adds requirement to file and serve each party with notice to parties of issuance of subpoena on the same day subpoena is issued.

Graydus v. Graydus, 50 Fla.L.Weekly D1276 (Fla. 4^th DCA 2025). Trial court erred rendering final judgment that conflicted with oral pronouncements.  Judge ruled Wife had to reimburse Husband for utility bill. Trial court erred by conditioning such payment on Husband presenting bill within 10 days in final judgment entered, when that was not included in the oral pronouncement. Judge Sherwood Bauer affirmed in part, reversed in part.