Smith Family Law Firm Blog

SMITH FAMILY FLORIDA CASE LAW UPDATE: Week of March 19, 2018:

Gimonge v. Gimonge: Fla 5^th DCA, March 23, 2018:

While Mother’s initial move to Michigan after filing for dissolution in Florida was improper and in violation of Florida Statutes 61.13001, Father’s stipulation to a contact schedule (with Mother in Michigan), under the facts, constituted an agreement for temporary relocation as contemplated by section (2) of the same statute.  Thus, the trial court properly granted Mother’s Emergency Pick-up motion when Father would not return the child after summer break. 

SMITH FAMILY FLORIDA CASE LAW UPDATE:  Week of March 12, 2018:

The Smith Family Law Florida Case Law Update: Week of March 12, 2018.

HAPPY ST. PATRICK’S DAY!!!

Erlinger v. Federico: Fla 1^st DCA, March 15, 2018:

Detailed discussion of disqualification.  Wife’s request for disqualification of judge was properly denied even where court allegedly (1) interrupted cross examination and made comments such as “you do what you want”, (2) loudly sighed and shook head during testimony, (3) interrupted opposing counsel’s questioning of wife to question and comment on testimony of wife.  While a judge may not prejudge a case, a judge can form mental impressions and opinions during an evidentiary hearing.  Subjective fears regarding non-verbal expressions are not grounds for disqualification.  Adverse rulings without more are not legally sufficient grounds for disqualification.

Subramanian v. Subramanian: Fla 4^th DCA, March 14, 2018:

While the trial court properly set forth the specific steps the former husband must take to reestablish timesharing and it was within its discretion to condition increased timesharing on the successful completion of parenting course and therapy, the trial court erred in delegating authority to determine visitation to therapists and the guardian ad litem.  Further, court erred in equitably distributing loans/liabilities incurred after the filing of the petition for dissolution.

Lamorte v. Testoni: Fla 4^th DCA, March 14, 2018:

While Mother did not preserve the issue of child support continuing for special needs child past the age of majority for purposes of appeal, Mother has not waived this argument as Mother may seek a modification on the basis that Florida Statutes 743.07(2) applies.

Hedden v. Hedden: Fla 5^th DCA, March 16, 2018:

Trial court erred in awarding permanent alimony of $1,000.00 a month and durational alimony of $2,700.00 a month until Wife reached age of sixty-two and received Social Security benefits.  While permanent periodic alimony and durational alimony may be awarded together if justified, here it was clear that permanent periodic alimony was justified and court erred in taking into consideration future Social Security benefits as alimony awards must be based on “current existing circumstances, and not on possibilities likely but as of yet unrealized.”

Carter v. Carter: Fla 5^th DCA, March 16, 2018:

Former Husband was not entitled to relief from contempt order entered against him as the trial court held a simultaneous evidentiary hearing on Former Wife’s motion for contempt and Former Husband’s motion for temporary reduction or termination of alimony (which contained the same allegations and grounds included in his amended supplemental petition).  While trial court did mention Former Husband’s ability to use credit cards to pay purge amount, the trial court nevertheless did not err as it found that Former Husband had actual assets sufficient to pay the purge amount.  Former Husband’s argument that his due process rights were violated for failure of the notice of hearing to have language from Florida Family Law Rule of Procedure 12.615(b) was rejected as Former Husband attended the hearing and therefore no adverse effects were suffered.

SMITH FAMILY CASE LAW UPDATE: Week of March 5, 2018:

Jones v. Jones: Fla. 1st DCA, March 8, 2018:

Where husband partially liquidated a marital asset (Thrift Savings Plan) during the pendency of the dissolution but testified the money was used to pay marital debts as well personal expenses during the pendency of litigation the trial courted erred in equitably distributing the account value prior to liquidation without providing a specific finding of misconduct.

Albassam v. Klob: Fla 4th DCA, March 7, 2018:

Husband was prevented from raising a 1.540 motion (relief from judgment motion) with regards to his 2014 dissolution of marriage judgment as he claimed wife’s 2000 Jordanian divorce was invalid. The 4th DCA found it was within the trial court’s discretion to find that to allow otherwise would be inequitable. Interesting dissent.