If you thought Florida family law was dull, this week’s appellate opinions will change your mind. Between grandparent visitation across state lines, misplaced DOR mail, and a mortgage that forgot to invite the spouse, Florida’s DCAs reminded everyone that details matter — and so does the Constitution.
Here’s your rundown of the latest legal drama from across the state:
👵 Aluise v. Spanos (5th DCA – October 24, 2025)
Grandma may bake cookies, but she’s not a “parent” under the UCCJEA.
The 5th DCA reversed a trial court’s dismissal of a Florida parents’ motion to modify a Pennsylvania custody order that had given Grandma visitation. The trial court thought it lacked jurisdiction under section 61.516, but the appellate court said, “Not so fast.”
Once the Pennsylvania order was domesticated in Florida — with everyone’s consent — jurisdiction properly transferred under section 61.515. Grandma wasn’t a “person acting as a parent” because she never had the child for six consecutive months. Occasional visits at her sister’s house didn’t cut it.
Takeaway: The UCCJEA isn’t impressed by baked goods or occasional overnights. Once the child and both parents move to Florida, this state calls the shots.
💍 Noss v. Noss (3d DCA – October 22, 2025)
A cautionary tale in marital math: you can divide the business, but not its bank account (unless the business is a party).
The Third DCA tackled an equitable distribution mess involving a staffing agency that the wife owned before the marriage. The trial court properly found that the business’s appreciation during the marriage was marital, but then went too far by ordering direct distribution of the company’s bank accounts — without making the company itself a party.
Key errors:
- You can’t divide corporate assets without joining the corporation.
- Child support numbers must tie to evidence, not mystery math.
- “General estimates” of jewelry and furniture don’t cut it for equitable distribution.
Takeaway: Join the corporation, tie your numbers to the record, and if you’re estimating the value of jewelry, don’t just say “a lot.”
📬 Wilson v. State DOR Child Support Program (1st DCA – October 22, 2025)
The DOR sent the waiver to the wrong address. Dad wins round one.
This father properly objected to DOR’s administrative child support proceedings and requested to proceed in circuit court — but the waiver of service form was sent to the wrong address. The First DCA reversed the administrative order and sent it back for a do-over.
Takeaway: The right to have your day in circuit court doesn’t vanish because someone can’t address an envelope.
🏠 Brown v. Towd Point Mortgage Trust 2017-6 (4th DCA – October 22, 2025)
No spouse? No signature? No foreclosure.
A lender tried to foreclose on a homestead property where the borrower’s spouse never signed the mortgage. The Fourth DCA held that under Article X, Section 4(c) of the Florida Constitution, the mortgage couldn’t encumber the homestead without spousal joinder.
The court rejected the trust’s argument that it was a “purchase money mortgage” exempt from homestead protections. Article X’s restriction on alienation still applies.
Takeaway: If you’re mortgaging your homestead in Florida, your spouse is coming along for the ride — whether they like it or not.
🧬 Department of Revenue v. Harris (1st DCA – October 15, 2025)
No paternity issue? No DNA test.
The DOR tried to order genetic testing even though paternity wasn’t in dispute in a child support case. The First DCA said “nope.” The hearing officer lacked authority to order testing, and the circuit court erred in approving it.
Takeaway: DOR proceedings are for child support, not surprise episodes of Maury.
💸 Marin v. Marin (2d DCA – October 15, 2025)
Life insurance ≠ free money.
Former Husband failed to maintain a life insurance policy to secure his alimony obligation. The trial court found him in contempt and entered a $700,000 money judgment — equal to the death benefit of the missing policy.
The Second DCA reversed, holding that the money judgment wasn’t a valid contempt sanction or coercive measure because it didn’t reflect an actual loss suffered by Former Wife.
Takeaway: Contempt sanctions must be remedial, not creative math exercises. You can’t convert a missed insurance policy into an instant jackpot.
🎬 Final Thoughts: “Only in Florida…”
This week’s appellate lineup had it all:
- Grandma jurisdictional confusion ✅
- DOR mailroom errors ✅
- Mortgage mayhem ✅
- Misvalued bling ✅
Behind the humor, these opinions reinforce an old truth: Florida courts demand precision — in procedure, in paperwork, and in parenting plans. Whether you’re domesticating a foreign judgment or dividing a business, missing one statutory step can unravel your entire case.
So if your case involves a Pennsylvania grandma, an unjoined corporation, or a missing spouse’s signature — call your lawyer before you call your notary.