Felipe v. Rincon is a good reminder that certificates of service provide prima facie proof of actual service, and that actual service of pleadings is an indispensable component of due process. Here, a Default Final Judgment is set aside because the pleadings underlying it were not served, so there was no notice, even though the […]
Category: Appeals
Blevins v. Blevins
In Blevins v. Blevins, the trial court abused its discretion by granting modification based upon circumstances that were known at the time of the Final Judgment. The alleged change in circumstances was related to the distance of the Mother’s home from the child’s school, which was known at the time of the divorce. Blevins v […]
Hall v. Hall
In Hall v. Hall, the trial court denied the Husband’s motion to declare that the parties’ MSA was incomplete. The evidence presented did not support his claim of incompleteness. It appears that he was merely complaining that he made a bad deal. The fact that one party to an agreement apparently made a bad bargain […]
Garcia v. Garcia
Garcia v. Garcia was a case involving a request by the former husband for a downward modification of child support. The case was tried by the general magistrate, who denied the petition, and the trial judge adopted the recommendations after the former husband filed exceptions. This was error, because the record provided to the judge […]
Kemp v. Kemp
In Kemp v. Kemp, the trial court ordered an interim partial equitable distribution in the absence of a motion requesting such a distribution, and in the absence of any indication that such distribution could be revisited at a later date. This was error. The only thing requested was temporary attorney’s fees, which was denied. The […]
Department of Revenue v. Davis
In DOR v. Davis, the appellate court ruled that UIFSA allows that arrears accrued prior to registration may be adjudicated in the registering state as though the entry of the child support order had occurred in the registering state. The defense of res judicata was not available. Department of Revenue ex rel Davis v Davis
Rossi v. Rossi
In Rossi v. Rossi, the trial court adopted the report of the general magistrate, despite the filing by the Wife of a Motion for Rehearing. The Motion should have been considered Exceptions, and thus a hearing should have been held before adopting the report and recommendations. With respect to the characterization of motions, Florida courts […]
Dickson v. Dickson
In Dickson v. Dickson, the trial court abused its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by the proposed change. Dickson v Dickson
Sikora v. Sikora
In Sikora v. Sikora, several errors required reversal and remand: In the absence of special circumstances, permanent, periodic alimony in an amount that exceeds the former wife’s established need is error. The trial court erred by imputing income to the former wife from her retirement accounts where there was no evidence to support the imputation. […]
Quinn v. Quinn
In Quinn v. Quinn, the amount of child support was not based upon the actual overnights granted, and thus reversal was required for a re-calculation. Quinn v Quinn