JAMES STANFIELD, APPELLANT,
v.
TIFFANNEE MARQUIS, APPELLEE
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Father appeals a final judgment modifying timesharing and child support in a domestic relations case, arguing that a twenty-two-month delay between trial and judgment entry requires reversal. The appellate court agreed, finding the delay "indefensible and intolerable" in a case involving the best interests of minor children, especially where the judgment nearly verbatim adopted Mother's ex parte proposed order entered just before the trial judge's retirement.
The court reversed and remanded for a new trial, holding that the twenty-two-month delay, combined with the trial court's near-verbatim adoption of Mother's ex parte proposed judgment and entry of the judgment just before the trial judge's retirement, constitutes grounds for reversal. The delay alone may require reversal when there is "delay plus an indication that something is seriously amiss on the merits," and here multiple concerning circumstances existed.
[1] An excessive delay between a trial and the entry of a final judgment, coupled with other concerning circumstances such as the ex parte submission and adoption of a propos…
[2] In domestic relations cases involving the best interests of minor children, prompt disposition of matters is vital.
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Join FLexlaw to unlock all legal intelligence“An excessive delay between a trial and entry of final judgment may require reversal.”
Establishes the legal principle governing appellate review of delayed judgments.
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Join FLexlaw to unlock all legal intelligenceFather and Mother contested parental responsibility, timesharing, and child support regarding their two minor children. An initial final judgment was …
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James Stanfield (“Father”) appeals a final judgment modifying timesharing, parental responsibility, and child support between Father and Tiffannee Marquis (“Mother”) regarding the parties’ two minor children. Father argues that the excessive delay between the trial and the entry of the final judgment requires reversal and, further, that the trial court erred when it modified timesharing and child support because Mother failed to plead the occurrence of a substantial change in circumstances. Because there was a twenty-two-month delay between the trial and entry of the final judgment, the final judgment was a nearly verbatim recitation of the judgment proposed and furnished ex parte by Mother, and the final judgment was entered immediately prior to the trial judge’s retirement, we agree that, under these circumstances, reversal and remand for a new trial is required.
On July 16, 2008, Father filed a “Petition to Establish Paternity, Custody, and *1285Child Support.” Paternity of the two. children was not disputed; however, parental responsibility, timesharing, and child support were hotly contested. On August 15, 2011, after the trial on the petition, the trial court entered an “Interim Final Judgment.” 1 In relevant part, the final judgment established paternity, a parenting plan (that included determinations of shared parental responsibility and time-sharing), and child support of $178.58 per week. An amended final judgment was entered December 14, 2011; however, neither timesharing nor child support were altered.
On February 21, 2012, Mother filed three pro se “motions,”2 two of which were relevant to this appeal, wherein she sought: 1) to modify the timesharing arrangement because it was not conducive to the stability of the minor children and 2) to amend or correct child support. The parties proceeded to trial on the modifications to timesharing and child support sought by Mother on March 1, 2013.
Eight and one-half months later, on November 13, 2013, Mother sent the trial court an ex parte letter together with a proposed final judgment. The trial court took no action upon the letter except to file it and the proposed final judgment in the court file on August 27, 2014. On October 1, 2014, nineteen months after the March 1, 2013 trial, Mother sent a second ex parte letter to the trial court, begging that it enter a final judgment. Additionally, both of Mother’s ex parte letters to the trial judge included allegations against Father, ranging from - unflattering to scathing. On December 31, 2014, at or about the time the trial judge was retiring, the trial judge executed the final judgment that is under review in the instant appeal. Although the final judgment was not identical to Mother’s ex parte proposed final judgment, the differences between the two documents were insignificant or in Mother’s favor. Father did not seek any post-judgment relief in the trial court before filing a notice of appeal.
“An excessive delay between a trial and entry of final judgment may require reversal.” Carnicella v. Carnicella, 140 So.3d 697, 699 (Fla. 5th DCA 2014) (quoting Walker v. Walker, 719 So.2d 977, 978 (Fla. 5th DCA 1998)). “[Wjhether [a] delay was ‘reasonable’ is evaluated on a case-by-case basis....” Id. (citing Walker, 719 So.2d at 979). “[A] delayed ruling does not, standing alone, justify setting aside the final judgment.” Id. (quoting Edel v. Walker, 927 So.2d 989, 990 (Fla. 5th DCA 2006)). “Rather, there must .be ‘delay plus an indication that something is seriously amiss on the merits’ ” to justify reversal for a new trial, “such as conflicts or inconsistencies bétween the trial court’s findings at the time of trial and the ultimate judgment, or significant findings not supported by the record.” Id. (quoting Edel, 927 So.2d at 990-91).
*1286The twenty-two-month delay between the trial and the entry of the final judgment in this case, > wherein the best interests of minor children were at issue, is “indefensible and intolerable.” See Falabella v. Wilkins, 656 So.2d 256, 257 (Fla. 5th DCA 1995). In domestic cases, when the best interests of children are being heard and determined, a “prompt disposition is vital.” Id. Further, the final judgment was entered just before the trial judge’s retirement and was a near-verbatim adoption of Mother’s ex parte proposed final judgment. The “execution of a proposed order just before retirement” and the “adoption of a proposed order verbatim” are concerning. Carnicella, 140 So.3d at 699; see Polizzi v. Polizzi, 600 So.2d 490, 491-92 (Fla. 5th DCA 1992) (Harris, J., concurring specially); Henin v. Henin, 767 So.2d 1284, 1285 (Fla. 5th DCA 2000). Both of these circumstances exist in the instant case. Hence, there is reason to reverse the trial court’s final judgment and remand for a new trial based upon the lengthy delay between trial and entry of the final judgment.
Had Father’s only ground for appeal been the unreasonable delay between the trial and the final judgment, authority exists to deny the appeal for failing to provide the trial court with the opportunity to correct any error. See Ascontec Consulting, Inc. v. Young, 714 So.2d 585, 587 (Fla. 3d DCA 1998) (citing Fla. R. Civ. P. 1.530(a)), However, the additional circumstances of Mother’s ex parte communications with the trial court, the trial court’s adoption of Mother’s proposed final judgment nearly verbatim, and the entry of the final judgment on the eve of the trial judge’s retirement distinguish Ascontec Consulting from the instant case. Further, the fact that Ascontec Consulting was a civil suit for damages, while the instant case is a domestic relations case involving the best interests of minor children, is an important distinction.- Therefore, in this instance, Father’s failure to seek rehearing is not fatal to his appeal.
REVERSED and REMANDED
ORFINGER and BERGER, JJ., concur.
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K.G. v. Dept. of Child. & Families, 279 So. 3d 1228 (Fla. 4th DCA 2019)…conclusion of the trial. While an excessive delay between a non-jury trial and the entry of an order of disposition may require reversal, a “delayed ruling does not, standing alone, justify setting aside the final judgment.” Stanfield v. Marquis, 201 So. 3d 1283, 1285 (Fla. 5th DCA 2016) (quoting Carnicella v. Carnicella, 140 So. 3d 697, 699 (Fla. 5th DCA 2014)). To reverse, there must be a “combination of delay plus an indication that something is seriously amiss on the merits.” Ascontec Consulting, Inc.…
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K.H. v. Dept. of Child. & Families (Fla. 4th DCA 2019)…sion of the trial. While an excessive delay between a non-jury trial and the entry of an order of disposition may require reversal, a “delayed ruling does not, standing alone, justify setting aside the final judgment.” Stanfield v. Marquis, 201 So. 3d 1283, 1285 (Fla. 5th DCA 2016) (quoting Carnicella v. Carnicella, 140 So. 3d 697, 699 (Fla. 5th DCA 2014)). To reverse, there must be a “combination of delay plus an indication that something is seriously amiss on the merits.” Ascontec Consulting, I…
Authorities Cited
- Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 1992)
- Ascontec Consulting, Inc. v. Young, 714 So. 2d 585 (Fla. 3d DCA 1998)
- Falabella v. Marcy Wilkins, 656 So. 2d 256 (Fla. 5th DCA 1995)
- Walker v. Walker, 719 So. 2d 977 (Fla. 5th DCA 1998)
- Henin v. Henin, 767 So. 2d 1284 (Fla. 5th DCA 2000)
- Edel v. Walker, 927 So. 2d 989 (Fla. 5th DCA 2006)
- Carnicella v. Carnicella, 140 So. 3d 697 (Fla. 5th DCA 2014)