When navigating family law disputes, it’s essential to stay informed about recent developments in case law that may impact your rights and obligations. Here are three notable Florida cases that address issues ranging from creditors’ rights to procedural rules and attorney’s fees in dissolution proceedings.
1. Loumpos v. Bank One: Protecting Spousal Bank Accounts
In Loumpos v. Bank One (2024), Florida’s Second District Court of Appeal clarified the strict requirements for creating a tenancy by the entirety (TBE) in bank accounts. While TBE accounts are typically shielded from creditors of only one spouse, this protection was denied here because the unities of time and title—key elements for establishing a TBE account—were missing.
The court emphasized that simply labeling an account as a TBE account on a signature card is insufficient unless all six unities (possession, interest, time, title, survivorship, and marriage) are present. This decision, which certified a conflict with other appellate rulings, reminds couples to carefully structure joint accounts to ensure asset protection.
Takeaway: For married couples in Florida, Loumpos underscores the importance of properly documenting joint accounts to safeguard against individual creditors. Seek guidance to ensure your marital assets are protected.
2. Wells v. Wells: Timing Is Everything in Appeals
In Wells v. Wells (2024), the First District Court of Appeal addressed procedural missteps in appealing dissolution-related orders. The case clarified the 2022 amendments to Florida Rule of Family Procedure 12.490, which governs the use of general magistrates in family law cases.
Under the amended rule, once a general magistrate issues a recommended order, the circuit court must promptly review and enter it unless the order is facially deficient. If a party wishes to challenge the order, they must move to vacate it within 10 days of the circuit court’s ratification. Failure to do so in a timely or procedurally correct manner—as in Wells—can result in dismissal of the appeal.
Takeaway: Understanding procedural rules is crucial in family law. Parties must act swiftly and correctly when challenging magistrates’ recommendations to avoid losing their right to appeal.
3. Izard v. Bois: Ensuring Fairness in Attorney’s Fees Awards
In Izard v. Bois (2024), the Fourth District Court of Appeal reversed an award of attorney’s fees under section 57.105, Florida Statutes, because the trial court failed to make the required findings. Instead of providing specific factual and legal grounds, the trial court issued a conclusory ruling, which the appellate court deemed an abuse of discretion.
This decision highlights the importance of detailed judicial reasoning when awarding fees, particularly under statutes aimed at deterring frivolous claims or defenses. A party seeking fees must establish clear grounds, and courts must provide thorough justifications in their rulings.
Takeaway: If you’re involved in litigation, ensure that any motion for attorney’s fees is supported by clear, detailed findings. This safeguards against reversals and ensures equitable outcomes.
How These Cases Affect You
At Fell Law Group, we understand how these nuanced legal developments can impact your family law case. Whether you’re protecting marital assets, navigating complex procedural rules, or disputing attorney’s fees, we’re here to provide experienced, compassionate representation tailored to your unique situation.
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