Fourth DCA Reverses Order of Contempt

Parris v. Silveira and Parris Case No. 4D11-3006 Angelica Parris gave birth to a child while married to Joseph Parris. Angelica later filed for divorce, representing in her petition for dissolution that there were no minor children of the marriage. The trial court entered a final judgment of dissolution of marriage. Silveira later filed a paternity...

What’s Good For One Child May Not Be Good For Another. Fourth DCA Affirms Termination of Mother’s Parental Rights to One of Several Children.

S.L. v. Department of Children & Families Case No. 4D11-3844 The trial court rendered an order terminating a mother’s parental rights to her minor child, S.A. S.A., whose father was serving a long sentence of incarceration, was residing with his half-siblings (the mother’s other children) and their father. The Department had sought to terminate both...

Everyone Gets Their Day in Court: Fourth DCA Reverses Civil Contempt Order For Failure To Hold Evidentiary Hearing

Leo v. Leo Case No. 4D10-5127 In this family law appeal, appellant, Former Wife, appealed an order finding her in civil contempt. This appeal stemmed from a final judgment of dissolution of marriage between the appellant and the appellee, Former Husband. Subsequent to entry of the final judgment, Former Husband filed a motion for civil contempt...

Bresky Law Obtains Remand For Former Wife to Pursue Past-Due Alimony

Drdek v. Drdek, Case No. 4D10-3082 We represented a former wife who originally filed a motion for contempt shortly after the parties divorced, due to the former husband’s non-payment of alimony despite his recent receipt of significant income from social security. The trial court adopted the magistrate’s recommendation to deny former wife’s motion because the parties’...

Free Rent Ends When New Marriage Begins: Fourth DCA Makes Clear That Awards of Exclusive Possession of Marital Home Must Provide for Termination Upon Remarriage

Fisher v. Fisher Case No. 4D10-383 The Fourth District Court of Appeal (“Fourth DCA”) addressed a direct appeal from a final judgment of dissolution of marriage. The trial court’s final judgment provided that the former wife and minor children would have exclusive use and possession of the marital home until the youngest child reached the age...

Bresky Law Obtains Per Curiam Affirmance of Order Dismissing Former Husband’s Petition For Modification of Alimony

Rice v. Rice Case No. 4D10-2523 We represented a former wife whose trial counsel succeeded in getting her former husband’s petition for modification of alimony dismissed, as well as attorney’s fees as a sanction. The parties had divorced in 2005 and entered into a Marital Settlement Agreement whereby the former husband paid the former wife alimony....

Dissolution, Adoption, and Jurisdiction: Fourth DCA Holds Family Court Retained Jurisdiction Despite Separate Adoption Order Terminating Father’s Rights

Baudanza v. Baudanza Case No. 4D10-4068 The parties divorced in 2006 and Former Husband was ordered to pay child support pursuant to the parties’ Marital Settlement Agreement. Former Wife later remarried, and the parties agreed to a modification whereby Former Husband would pay half of the original child support amount and Former Wife’s new husband would...

Can I Put Twenty Bucks On It?: Fourth DCA Answers “No” Regarding Substantial Child Support Arrearage

Hernandez v. Frontiero Case No. 4D10-4122 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order finding a father in contempt for failure to pay child support. The order also allowed the father to pay only $20 per month towards his total child support arrearage of $18,499.75. The Fourth DCA noted that pursuant to...

Tuition Tales on Trial

Fourth DCA: Trial Court Erred in Holding Mother in Contempt Without Finding of Ability to Comply With Order Harris v. Hampton Case No. 4D11-966 The Fourth District Court of Appeal wrote to address an appeal of a non-final order of contempt entered after a final order in a post-dissolution of marriage case. The trial court had...

Reversal Where Trial Court Did Not Properly Enforce Previous Fourth District Court of Appeal Mandate

Shinitzky v. Shinitzky Case No. 4D10-137 We represented a former husband whose marriage was dissolved by a final judgment in 2007. The final judgment ordered the former wife to pay our client half "of the value" of certain investment accounts held by the parties. The former wife appealed. The trial court denied the former wife's motion...