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 03rd 2017
Florida Family Law Update: Week of Feb. 27, 2017
Conlin v. Conlin, 2nd DCA, March 1, 2017:
Trial court erred in using husband’s gross income, as opposed to his net income, in determining his alimony calculation. Trial court also erred in not making a determination as to whether a loan taken out for the benefit of the couple’s daughters was marital or non-marital (no guidance provided by appellate court as to which type it should have been though).
Tepedino v. Baker, 3rd DCA, March 1, 2017:
Father’s petition for writ of prohibition to prevent the trial court from hearing a Motion to Establish Time-Sharing (alleging non-compliance with Rule of Civil Procedure 1.110(h) and Florida Family Law Rule of Procedure 12.110/ as the pleading was titled a “motion” and not a “supplemental complain or petition") was denied. Appellate court did not reach determination as to whether Mother’s filing would act as a procedural bar to her relief. Instead seeking prohibition was simply improper because where a trial court has subject matter jurisdiction, prohibition is inappropriate to prevent an erroneous exercise which can be corrected on appeal. Concurring opinion cautions that the trial court allowing the motion of Mother to go forward without correcting the pleading to convert it to a supplemental petition or complaint will create a waste of judicial resources (I.e. Father had right legal argument but used wrong legal vehicle to make his argument).
Singer v. Singer, 4th DCA, March 1, 2017:
Trial court erred when its order denied Wife attorney’s fees after indicating at the hearing that the court was reserving as to entitlement. Further, appeal of court’s determination of Husband’s entitlement to fees was not ripe as an amount of fees had not yet been set.
Foley v. Foley, 5th DCA, March 3, 2017:
Trial court ordered that child time-sharing be modified and that child support would be modified based upon a new child support guidelines worksheet to be prepared by father’s counsel. However, trial court erred in ordering, after subsequent review, that the court lacked the authority to modify support where the matter was not plead or tried by consent and where no financial affidavits were submitted. The record, contrary to the trial court’s order, revealed that financial affidavits had been admitted into evidence and that both parties were on actual notice that child support modification was at issue.
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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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