Florida Statues Chapter 751 creates a cause of action when an extended family member needs to assume temporary custody of a child on behalf of the parents. These cases often arise when children are voluntarily placed, for example, with a grandparent. Section 751.05(6) provides that the trial court shall terminate the temporary custody order upon […]
Category: Appeals
Goslin v. Preisser
In the attached case, the appellate court dismisses an appeal because it is brought to review a non-final order denying a discovery motion. Generally, non-final orders that deny discovery motions are only reviewable when the case is finalized. Certiorari does not lie where there is no irreparable harm that is caused, and generally there is […]
Lomax v. Taylor
In the attached case, the Supreme Court sanctions a woman who, in a ten year span, filed 44 separate cases in the Supreme Court, all of which were denied, dismissed or transferred. She is no longer allowed to file anything unless it is signed by a Florida Bar member in good standing who certifies that […]
Felice v. Sutherland Pullen Law, PLLC
The following is a charging lien case. The trial court granted a charging lien to be applied to the Husband’s homesteaded property. The appellate court reversed the application of the charging lien to homestead property, citing a prior case that had ruled a waiver of homestead is ineffective in an unsecured debt transaction. The lien […]
Brewer v. Chastain
In the attached case we are reminded once again that “repeat violence” has a specific statutory meaning, and that Petitions that do not properly allege repeat violence as the statute defines it will not be granted. Read More: Brewer-v-Chastain
Ayra v. Ayra
In the following alimony case, the trial court erred by finding that the Wife did not have a need for alimony. This was a long-term marriage, and in such cases an initial presumption in favor of permanent alimony arises. The long-term duration of the parties’ marriage, coupled with the potential future needs of the Former […]
Options To Challenge A Final Judgment: A Complex Area Of Law
Have you recently gone to trial in your case and received a final judgment? Do you not agree with the judgment? Do you want the judgment overturned? You have several options: 1) Appeal – Under the rules of appellate procedure, you have 30 days from the date the judgment was rendered (ie – the date […]
Kohl v. Kohl
In the following interspousal tort case, the Wife attempted to state a cause of action against the Husband for negligent infliction of a sexually transmitted disease, in this case HPV. The complaint is dismissed on two grounds, but the court finds that the cause of action is generally viable, although there must be allegations that […]
Williams v. Williams
In the following case, the appellate court reversed the trial court’s award of attorney’s fees without making the required findings and without considering that the Husband did not have the ability to pay. Also the trial court was reversed because it awarded the dependency deduction to the wife despite the fact that she did not […]