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Fla. 3d DCA·
2023-02-08
A trial court lacks continuing jurisdiction to sua sponte vacate a portion of a final judgment in a dissolution of marriage proceeding after the time for filing a motion for rehearing has expired, absent a reservation of jurisdiction in the judgment, a supplemental petition for m
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Fla.·
2023-01-05
The Florida Supreme Court approved amendments to Florida Rules of Juvenile Procedure 8.013 and 8.350 in response to newly enacted legislation. The amendments add requirements for detention hearings, modify terminology regarding residential treatment placements, and establish time
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M.D. Fla.·
2022-11-23
The Court approves the settlement agreement involving a minor, finding it to be in the minor's best interest.
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Del. Ch.·
2022-05-26
The Court of Chancery has jurisdiction over the trust. A person's incompetency under the trust can be determined by a certificate from their regular physician, and reasonable attorneys' fees, costs, and expenses incurred by the corporate trustee are payable from the trust funds.
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M.D. Fla.·
2022-05-19
The court approved the minor's settlement, finding it fair, adequate, and reasonable and in the minor's best interests.
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Fla. 4th DCA·
2021-10-20
The circuit court properly dismissed most counts of the Fourth Amended Complaint against the defendants.
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Fla. 2d DCA·
2021-08-06
In a paternity action, Miller appeals various orders including a child support delinquency judgment. The court found the trial court erred by failing to hold a hearing on Miller's timely motion to contest the notice of delinquent child support, as required by Florida Statute § 61
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Fla. 5th DCA·
2021-07-29
In this family law appeal, the court affirmed the trial court's order ratifying a joint stipulation in which a father agreed to terminate his parental rights in exchange for elimination of child support obligations, pending stepparent adoption. The court held that while such agre
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Fla. 3d DCA·
2021-06-02
A trial court violates due process when it conducts an evidentiary hearing on a timesharing modification without affording a party a meaningful opportunity to cross-examine opposing witnesses and present her own evidence. The procedural deficiencies constitute reversible error ev
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M.D. Fla.·
2021-02-04
The court denied the parties' petition to approve a minor's settlement because the executed settlement agreement was not provided, and the parties failed to provide legal authority for a non-disclosure provision.
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Fla. 1st DCA·
2020-08-17
The appellate court affirmed a lower court's denial of a motion to vacate an injunction. The appellant argued the original injunction was void due to improper service of process as a minor, but the court found the defects were waivable and the injunction was superseded, rendering
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273 So. 3d 142·
Fla. 3d DCA·
2019-02-20
A trial court does not abuse its discretion in denying a request to return a child and suspend time-sharing when a parent has relocated without statutory compliance, but instead fashions other appropriate remedial relief under section 61.13001(6)(a)2, particularly where the child
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Fla. 5th DCA·
2018-11-16
Without a transcript of trial proceedings, an appellate court cannot reverse a trial court's denial of a stepparent adoption petition based on alleged abandonment, as the trial court is better positioned to evaluate the totality of circumstances.
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213 So. 3d 803·
Fla.·
2017-03-23
The Florida Supreme Court adopted comprehensive amendments to the Florida Rules of Juvenile Procedure and Appellate Procedure to establish permanent procedures for raising claims of ineffective assistance of counsel in termination of parental rights proceedings, building on inter
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Del. Fam. Ct.·
2016-12-12
The court granted the father's petition to rescind guardianship, finding that the father and mother were ready to resume custody of their son. The court determined that the father's criminal conviction and past sex offender status did not prevent him from having unsupervised care
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150 So. 3d 855·
Fla. 2d DCA·
2014-11-05
In a contentious divorce involving military relocation, the trial court granted the husband's petition to temporarily relocate with the parties' two young children to Virginia while awarding the wife monthly supervised overnight visitation and requiring the husband to pay $500 mo
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162 So. 3d 101·
Fla. 4th DCA·
2014-10-15
The administrative law judge's order stating the case would be dismissed if NICA benefits were rejected was merely a statement of procedure, not a ruling on the election of remedies.
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178 So. 3d 899·
Fla. 3d DCA·
2014-10-15
A mother appeals the termination of her parental rights, arguing the trial court erred by appointing an attorney ad litem instead of a guardian ad litem to represent the child's best interests. The court affirmed, finding that although the trial court technically erred, the error
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138 So. 3d 592·
Fla. 5th DCA·
2014-05-09
The court held that a trial court must vacate a prior paternity judgment and conduct a Privette hearing before ordering a new paternity test.
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117 So. 3d 958·
Fla.·
2013-07-03
The Florida Supreme Court adopted revised Family Law Forms in response to legislative amendments affecting alimony, child support, and related matters. The Court considered comments from the Florida Department of Revenue and the Advisory Workgroup before adopting additional amend
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110 So. 3d 490·
Fla. 4th DCA·
2013-03-20
Petitioner sought a writ of certiorari to quash a trial court's denial of his motion to strike a social investigation report in dissolution proceedings, arguing that confidential communications between his minor children and their psychotherapist were improperly disclosed without
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107 So. 3d 1123·
Fla. 5th DCA·
2012-02-18
The Florida Fifth District Court of Appeal granted DCF's petition for certiorari and quashed the trial court's order allowing a maternal grandfather supervised contact with a child in a Keeping Children Safe Act (KCSA) hearing. The court held that the trial court misinterpreted t
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55 So. 3d 747·
Fla. 2d DCA·
2011-03-18
The circuit court cannot compel the Statewide Guardian ad Litem Office, an executive branch entity, to serve as guardians ad litem in criminal proceedings without specific statutory authority.
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37 So. 3d 277·
Fla. 2d DCA·
2010-01-15
The court held that the probate court improperly struck the firm's amended petition without conducting a hearing to determine if the contingent fee arrangement was reasonably necessary and fair.
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Del. Ch.·
2008-12-18
The Court of Chancery denied the trustee's petition for instructions and injunctive relief, finding that the trustee had not demonstrated an imminent threat of irreparable harm and that granting the relief would conflict with orders from a Pennsylvania court, undermining principl
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997 So. 2d 1136·
Fla. 4th DCA·
2008-11-12
A father appealed a trial court's dismissal of a personal injury claim filed on behalf of his minor son, arguing he had standing as a parent with shared parental responsibility. The Florida appellate court affirmed the dismissal, holding that only the parent with primary resident
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981 So. 2d 1189·
Fla.·
2008-04-24
The Florida Supreme Court withdrew a newly adopted family law form (12.905(d)) specific to military service custody modifications and instead amended the general supplemental petition form (12.905(a)) to alert courts of statutory limitations on custody modifications during milita
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963 So. 2d 256·
Fla. 3d DCA·
2007-07-11
Brody Properties appealed the dismissal of its specific performance action to enforce a residential sales contract for a home owned by multiple parties including a minor. The appellate court reversed and remanded, finding no basis for dismissal and ordering arbitration based on t
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952 So. 2d 517·
Fla.·
2007-03-15
The Florida Supreme Court considered whether to amend Rule 8.355 governing court authorization for psychotropic medication to children in state custody to require appointment of a guardian ad litem and attorney ad litem. The Court declined to mandate such appointments but affirme
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948 So. 2d 735·
Fla.·
2007-02-01
The Florida Supreme Court adopted amendments to the Florida Probate Rules to conform procedural rules to recent statutory changes and updates in the Florida Rules of Judicial Administration. The amendments were recommended by the Florida Probate Rules Committee in response to 200
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935 So. 2d 53·
Fla. 1st DCA·
2006-07-31
The Florida District Court of Appeal denied a petition for writ of certiorari seeking approval of a settlement of a minor child's negligence claim. The trial court had denied the settlement as inadequate under Florida law protecting minors' interests, and the appellate court foun
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927 So. 2d 172·
Fla. 1st DCA·
2006-04-28
The court held that a Guardian ad Litem's notice of position is not a substitute for a brief and must be stricken.
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905 So. 2d 865·
Fla.·
2005-06-02
The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement 2004 legislation expanding causes of action for injunctions to include dating violence and sexual violence, amending the fee schedule for court-ordered mediation services, and r
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284 F. Supp. 2d 1368·
S.D. Fla.·
2003-09-04
The court held that the plaintiff adequately stated a claim for violation of a constitutional right and that the defendants are not entitled to dismissal based on qualified immunity at this stage.
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845 So. 2d 953·
Fla. 4th DCA·
2003-04-30
A 14-year-old dependent minor challenged a trial court order allowing a guardian ad litem unrestricted access to her confidential psychotherapy records under a standard form appointment order. The Fourth District Court of Appeal held that the minor is entitled to notice and a hea
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801 So. 2d 290·
Fla. 1st DCA·
2001-12-12
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767 So. 2d 584·
Fla. 5th DCA·
2000-09-08
A third party lacks standing to procure independent legal counsel for dependent children if the guardian ad litem objects to the representation.
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764 So. 2d 727·
Fla. 5th DCA·
2000-06-30
The Department of Health, Children's Medical Services appealed a permanent injunction prohibiting it from obtaining a developmental evaluation of a dependent child whose custody was being transferred to the mother. The court affirmed the injunction, holding that the trial court p
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750 So. 2d 691·
Fla. 5th DCA·
1999-12-30
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731 So. 2d 828·
Fla. 5th DCA·
1999-05-07
The court held that the failure to appoint a guardian ad litem in a parental rights termination proceeding constitutes reversible error, even if not raised below, when the child's interests are not otherwise adequately protected.
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718 So. 2d 891·
Fla. 5th DCA·
1998-09-11
The appellate court affirmed an emergency custody order transferring primary residential responsibility to the father, finding the record inadequate for meaningful review due to the mother's failure to obtain a proper evidentiary hearing with notice and court reporter.
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714 So. 2d 1175·
Fla. 2d DCA·
1998-07-31
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714 So. 2d 1174·
Fla. 2d DCA·
1998-07-31
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702 So. 2d 289·
Fla. 3d DCA·
1997-12-10
Carlos Dennis appealed the dismissal of his Rule 1.540 motion (relief from judgment) for lack of prosecution. The trial court dismissed the motion, finding no record activity for over a year, but the Third District Court of Appeal reversed, holding that the guardian ad litem's re
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701 So. 2d 651·
Fla. 4th DCA·
1997-11-19
Parents appeal the trial court's order readjudicating their four children as dependent and placing them in long-term foster care after the court denied their petition to terminate parental rights. The appellate court affirms, finding that despite procedural issues with guardian a
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701 So. 2d 407·
Fla. 1st DCA·
1997-11-10
The court held that a circuit court lacks the authority to directly order minor children to comply with court orders in a chapter 61 proceeding.
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698 So. 2d 365·
Fla. 4th DCA·
1997-08-20
In a post-divorce custody dispute, the Fourth District Court of Appeal reversed in part an order denying a motion to dissolve a temporary injunction that prevented the mother from relocating to Texas, holding that the injunction was improperly entered based solely on unsworn docu
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693 So. 2d 630·
Fla. 3d DCA·
1997-04-02
The court held that the former wife was entitled to cross-examine the guardian ad litem and expert witness before a custody change order could be granted, but affirmed the attorney's fees award.
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684 So. 2d 231·
Fla. 2d DCA·
1996-11-27
The Florida Department of Revenue on behalf of Jacqueline Current challenged a trial court order requiring HLA blood testing to determine paternity fourteen years after a final paternity judgment was entered. The appellate court held that the trial court lacked jurisdiction to se
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683 So. 2d 1084·
Fla. 5th DCA·
1996-11-01
The court held that a trial court must determine if an appeal constitutes 'necessary legal services' before compelling non-indigent parents to fund it, especially when parental interests might conflict with the juvenile's right to appeal.