Pena v. Rodriguez, 273 So. 3d 237 (Fla. 3d DCA 2019)

May 22, 2019

OUTCOME: Judgment reversed and action remanded.

In adjudicating issues of parental responsibility, timesharing, and child support. the trial court violated the father's due process rights under U.S. Const. amend. XIV, § 1 and Art. I, § 9, Fla. Const ... ., because that court had relied solely upon the representations of counsel and informally proffered, but not presented, evidence; Determinations of paternity and child support implicated the guarantee of due process, and the father had been denied his rights because he was not given the opportunity to be apprised of all the evidence nor given the right to examine, explain or rebut such evidence.

De Diego v. Barrios, 271 So. 3d 1181 (Fla. 3d DCA 2019)

Apr 24, 2019

OUTCOME: Reversed and remanded for Further Proceedings

When the former husband claimed the parties' marital home as homestead property, the trial court erred in imposing an equitable lien on the property in favor of the former wife, because while homestead ... property could be subjected to equitable liens where egregious conduct was demonstrated, the trial court's factual findings regarding the former husband's conduct were not supported by sworn testimony or evidence but were based solely on the allegations made in the former wife's unsworn motion to enforce and on arguments made by the parties' attorneys at the motion hearing.

Franco v. Thomas, 251 So 2d 325 (Fla. 3d DCA 2018)

Jul 25, 2018

OUTCOME: reversed