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Date: 04-15-2022
Case Style:
JENNIFER ALEC TOLSTON vs ALEX J. TOLSTON
Case Number: Nos. 3D20-1598; 3D21-0334; 3D21-0936; 3D21-0570
Judge: Before LOGUE, LINDSEY, and HENDON, JJ. PER CURIAM
Court:
Third District Court of Appeal
State of Florida
On appeal from The Circuit Court for Miami-Dade
County
Plaintiff's Attorney:
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Defendant's Attorney: Crabtree & Auslander, and John G. Crabtree, and Charles M.
Auslander, and Brian C. Tackenberg
Description:
Miami, FL - Divorce lawyer represented defendant with appealing eleven post-dissolution orders.
(1) order denying Ms. Tolston’s motion for fees and costs; (2) order
denying Ms. Tolston’s motion for contempt for failure to pay alimony; (3)
order striking Ms. Tolston’s motion to vacate/modify the parties’ marriage
settlement agreement; (4) order awarding the guardian ad litem fees and
costs; (5) order on the special master’s motion for instruction regarding the
sale of the former marital home; (6) order granting Ms. Tolston’s former
attorney’s motion to hold proceeds of sale in escrow; (7) order for Ms.
Tolston to vacate marital home; (8) amended order directing partial
disbursements of the proceeds from the marital home; (9) order granting the
special master’s amended motion for fees; (10) order discharging the special
master; and (11) order granting Ms. Tolston’s former attorney a charging
lien.
2
Ms. Tolston further petitions this Court for writs of prohibition,
mandamus, and certiorari in which she seeks review of an additional five
1 The court has not yet entered a final order of dissolution.
2 These are consolidated appeals. Orders 1-3 (Case No. 3D20-1598); orders
4-6 (Case No. 3D21-0334); orders 6-12 (Case No. 3D21-936).
3
orders: three orders denying her motion to disqualify the successor judge; a
bar order precluding her from further pro se filings; and an order granting Mr.
Tolston’s motion for Ms. Tolston to submit to a psychological evaluation.3
First, we reject Ms. Tolston’s contention that the guardian (“an agent
of the court”) could not be paid from Ms. Tolston’s distribution from the sale
of the marital home. See Franklin & Criscuolo/Lienor v. Etter, 924 So. 2d
947. 949-50 (Fla. 3d DCA 2006). And because there are no transcripts for
our review, we also reject her challenge to her former attorney’s charging
lien. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152
(Fla. 1979). Similarly, we deny her petition for certiorari challenging the
psychological evaluation. Without transcripts, we cannot say that the court
departed from the essential requirements of the law. See Delgado v. Miller,
264 So. 3d 1040, 1041 (Fla. 3d DCA 2018); see also Applegate, 377 So. 2d
at 1152.
Outcome: We dismiss the appeal of orders (2), (3), (5), (7), (8), and (10), which
are non-appealable; affirm without further discussion the remaining
appealable orders (6) and (9); and deny Ms. Tolston’s two remaining
petitions.
Affirmed; petitions denied
Plaintiff's Experts:
Defendant's Experts:
Comments: