Florida Supreme Court Updates Forms

The Florida Supreme Court issued an opinion regarding the Florida Family Law Forms today, the full text of which is available here.  In that ruling, the Court reports the results of an internal review which determined the need to update the forms for sexual, dating, domestic, and repeat violence in order to (1) conform with the changes to Rule of Judicial Administration 2.540 regarding notice required under the Americans with Disabilities Act (2) remove unnecessary requests for personal information such as the place of marriage, place of birth, or gender of a minor child, (3) add language to the forms giving specific notice to those who are served with temporary injunctions warning them that failure to appear at the final hearing may result in a permanent injunction, (4) add language to the petitions requesting a temporary injunction which specifically does, in fact, request a temporary injunction, (5) updates language regarding health and dental insurance to conform with current statutes, and (6) adds each judicial circuit’s depository as an acceptable entity to accept payments.  The Court released the forms immediately ready to use, but will take comments for sixty days.

Third DCA Reverses Denial of Fees

The Third District Court of Appeal reversed yesterday in De Campos v. Ferrara, a case in which the lower court denied fees to the former husband on an enforcement action after finding that the action was truly for declaratory relief, like the action in Flanders v. Flanders, 516 So.2d 1090 (Fla. 5th DCA 1987), no enforcement fees were appropriate.  The Third District reversed on the grounds that the action was, in fact, in the nature of an enforcement claim, that, as a result, F.S. 61.16 (2011), and not the parties’ agreement alone, applied to the fee request, and that a hearing to determine entitlement under that authority was required.

Fourth District Court Reverses Order Compelling Child’s Return

The Fourth District Court of Appeal reversed today in Essex v. Davis, a case in which the parties’ child was ordered to be returned to Palm Beach County for a hearing to determine whether the mother had relocated to Louisiana without leave pursuant to F.S. 61.13001 (2011).  The District Court reversed on the basis that the record was not clear that the relocation statute even applied, in that the Mother argued that she was already living in Louisiana at the time of the court’s order establishing timesharing.  The Fourth District in reversing required an evidentiary hearing to determine whether or not the statute applies.

Fourth DCA Reverses Amount of Imputation

While the Fourth District Court of Appeal found evidence supporting the imputation of income to the Appellant in Piedra v. Piedra today, it reversed as to the amount imputed.  This was because the lower court imputed the former husband not his former earnings at a marital business, but rather the gross profit of the business without regard to expenses or deductions, and without regard to salary paid to the former wife from the same business.  The lower court was also reversed for failing to apportion the cost of the children’s health insurance between the parties.

Fourth District Reverses Alimony Award

The Fourth District Court reversed the amount of alimony awarded in Green v. Green today, on the basis that the magistrate below should have imputed income to the former wife, and should have considered the net effect of distributing the parties’ credit card and other debt to one party alone.

Fourth District Court Reverses Final Judgment in Part

The Fourth District Court of Appeal reversed the lower court’s Final Judgment in part today in the case of Vitro v. Vitro, first finding error in the lower court’s apparent award of alimony prior to the date of filing of the divorce without any finding justifying such an award, and second for allocating the entirety of the parties’ credit card debt to the Husband on the basis of an agreement not present in the record.  The Fourth District also reversed in that the lower court failed to identify the party responsible for remaining debt to a pre-paid college fund, car leases, and other expenses.

Fourth District Court of Appeal Reverses Injunction

The Fourth District Court of Appeal today reversed a final injunction in Gayoso v. Gayoso, a case in which the Appellant had filed a motion after entry of a final judgment of injunction claiming ineffective service and supported with two affidavits.  The lower court denied relief from the judgment without holding an evidentiary hearing.  The Fourth District, citing Southeastern Termite & Pest v. Ones, 792 So. 2d 1266 (Fla. 4th DCA 2001), ruled that the Appellant had been entitled to an evidentiary hearing and a chance to prove by clear and convincing evidence that service was in fact ineffective.