Smith Family Law Firm Blog
This blog provides brief summaries of the most recent family law appellate cases and statutes that may effect the issues our existing and prospective clients are facing. This is not an exhaustive list and do not automatically assume that if a case seems similar to your facts that the same result will be reached. We encourage individuals to secure counsel. These are very difficult issues to go through alone.
Posted by Roy Smith on
Mar 02nd 2017
Roy Smith Lecture on Family Law
On March 15, 2017, attorney Roy Smith will be lecturing at Barry University Dwayne O. Andreas School of Law regarding the practice of family law in Orlando, FL, current developments and trends in family law, and the practicalities of mediation, litigation and collaborative law. The lecture will provide students with the knowledge needed to become proficient and ethical practitioners of law.
Roy's Achievements in His Career
Roy Smith graduated with honors from The University of Florida College of Law in 2000. In addition to his practice as an Orlando family attorney at The Smith Family Law Firm P.A., he is also a Florida Supreme Court Certified Family Law Mediator and Circuit Civil Mediator. Roy has been representing clients for over 10 years in matters involving family law issues as well as personal injury. He has lectured several times on these practices to both attorneys and law students. These lectures include:
- Current Challenges in PIP (Database/Usual and Customary Charges)” Academy of Florida Trial Lawyers
- “A Practical Refresher on Litigating the Florida Auto Injury Case” NBI
- “The PIP Wars (Material Misrepresentation)” Academy of Florida Trial Lawyers
- “Obtaining the Best Settlement for Personal Injury Clients” NBI
- “2008 Auto Negligence Seminar” Florida Justice Association
- “No-Fault Law: Current Issues and Strategies” NBI
- Yearly to Bi-Yearly lectures concerning the practice of Family Law and the Collaborative Family Law Practice at two educational institutions
Experienced Family Law Attorney in Orlando, FL
Roy believes family law lawyers should wear two hats: one of a champion and one of a counselor. He has been awarded the distinction of AV Rated by Martindale-Hubbell through its peer review program, which reflects an attorney who has reached the height of their professional excellence. He is a member of the Florida Bar, The Florida Justice Association, The Seminole County Bar Association, the Collaborative Family Law Group of Central Florida, the Central Florida Family Law Inn of Court, and serves on the board of directors for the Central Florida Trial Lawyers Association.
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Posted by Roy Smith on
Feb 24th 2017
FLORIDA FAMILY LAW UPDATE: Week of February 20, 2017
Trial court properly calculated wife’s income. Courts must include reimbursed expenses or in kind payments to the extent that they reduce living expenses when calculating income of a party. Therefore, the amount husband agreed to pay for the mortgage on the formal marital home, where wife lived and the in kind contribution by wife’s mother to wife’s cell phone bill was properly included as income. Further, trial court’s imputation of part time work was also proper under the circumstances as wife was voluntarily unemployed.
Trial court’s disqualification of attorney representing wife from entire case was too broad. Opposing counsel had set the deposition of counsel for wife and wife’s counsel failed to appear. Instead, trial court should have compelled the deposition to allow discovery on the counsel’s involvement in the underlying dissolution of marriage case and then considered the issue of possible disqualification.
Trial court order finding contempt for failure to pay alimony was deficient on its face as there was no finding of present ability to pay support.
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Posted by Roy Smith on
Feb 20th 2017
Florida Family Law Case Results
LeDoux-Nottingham v. Downs: Fla Sup. Ct. February 16, 2017:
Florida Supreme Court found that it was improper to invalidate an out-of-state judgment that allowed for grandparent visitation when, after the death of former husband, mother moved to Florida which does not recognize grandparent visitation rights. Any possible Florida public policy exception would be irrelevant as there is no public policy exception to full faith and credit due final judgments of sister states. Case embraced the 5th DCA’s position while rejecting the positions of the 4th and 2nd DCAs.
Ramadan v. Ramadan: 2nd DCA February 17, 2017:
While a trial court’s decision to grant or deny a request for continuance of trial should not be set aside unless there was an abuse of discretion, in this case the 2nd DCA found enough to show such abuse of discretion. The case had been bifurcated wherein the divorce was granted and a trial was set as to the remaining factors of equitable distribution, alimony, attorney’s fees and costs. Two months before trial on the remaining issues, Wife requested continuance as Husband had not provided financial documents necessary for forensic examination and further requested monies for attorney’s fees and costs. The trial court denied these requests. One month before trial Wife’s counsel was allowed to withdraw. Two weeks later Wife secured new LIMITED counsel to reargue for continuation, needs for records, attorney’s fees and costs. These requests were denied again. As a result Wife represented herself at the final hearing telephonically. The Court would not entertain her additional requests for continuation. The trial court also failed to advise Wife of her ability to represent herself, testify and put forth evidence. As a result Husband was given a directed verdict. Again, these factors combined represented an abuse of discretion by the trial court and a new trial was ordered by the 2nd DCA.
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