Case Law udates January 10, 2013

Case Law updates-Family law and dependency cases reported January 4, 2012
ATTORNEY FEES:
In the case of Giorlando v. Giorlando, 38 FLW D1a (Fourth DCA), The DCA reversed and remanded an order awarding the Former Wife attorney fees in a modification proceeding where the court failed to consider the imputed income to the FW agreed upon in the parties’ incorporated MSA. Because the FW sought fees, she carried the burden of proving why the court should not consider her agreed upon imputed income. Reversed and remanded.
CONTEMPT:
In Morrell v. Morrell, 38 FLW D22a (Fourth DCA), The DCA upheld an Order of Contempt against a Former Husband for failure to maintain life insurance finding same was a support obligation subject to enforcement via contempt.
DEPENDENT CHILDREN-TERMINATION PARENTAL RIGHTS:
In the case of N.M. and M.M. v. Department of children and families, 38 FLW D39a (Third DCA) the DCA upheld a Judgment terminating parental rights of both the mother and the father. The father sexually abused a sibling of the children and the Mother failed to protect. Even though there were several erroneous rulings in the admission and rejection of evidence resolving whether the abuse occurred, none were reversible error as they either did not constitute an abuse of discretion, or were harmless or both. Opinion Affirmed.
EQUITABLE DISTRIBUTION:
In Sotis v. Sotis, 38 FLW D50a (Fifth DCA) The husband raised several issues in this appeal, the DCA finding only one with merit. The trial court found the Wife’s retirement account was minimal in value and did not include it in the equitable distribution. The Wife’s retirement accounts included a State of Fla. Retirement system account and two BENCOR retirement accounts. Reversed and remanded for all three accounts to be included and equitably distributed.
MODIFICATION:
In the case of Sueiro v. Gallardo, 38 FLW D63b (Third DCA) the DCA reversed a change in parenting schedule previously agreed to in an MSA that was incorporated into the Final Judgment finding a lack of competent substantial evidence. Based upon testimony of a court appointed psychologist, appointed to assist with reunification between the children and their father, who confirmed that the Mother has alienated the children from their father, the court ordered sole parental responsibility of twins to the father with no timesharing temporarily with the Mother, and sole parental responsibility for an older child to the Mother. The Mother appealed. Based upon the psychologist’s testimony that reunification of the twins should be done slowly over time, the DCA found a lack of competent substantial evidence to support the change and that part of the Order pertaining directly or indirectly to a change in custody/visitation was reversed with the transition of the twins back to their Mother to occur immediately, notwithstanding a Motion for rehearing thus nullifying the Order entered.
INJUNCTIONS-REPEAT VIOLENCE:
In Waddell v. Delorenzo, 38FLW D74a (Fifth DCA) Use of profane language and yelling “vague” threats from a distance more than once, without any act of physical violence, was not sufficient to support an injunction for protection against repeat violence. Reversed.