Wolfson v. Wolfson from the 3d DCA is a post-judgment case that has been highly litigated, even years after the final judgment of dissolution of marriage. In this iteration of the case, a temporary modification of timesharing, granted by the trial court after hearing only the former husband’s part of the case, was overturned and […]
Category: Case Law Category
Bailey v. Bailey
Bailey v. Bailey concerned the granting by the trial court of a motion for psychosocial and substance abuse evaluation. The Appellate court quashed the order because the motion was filed the same day as the hearing, and thus there was inadequate notice. The evidence that was adduced suggested that some type of psychological evaluation might […]
In re Schwartz
In re Schwartz concerns the discipline of Judge Jacqueline Schwartz of the 11th Judicial Circuit (Miami) for her improper conduct in two separate instances. In re Schwartz
Hahamovitch v. Hahamovitch
A case that was talked about extensively at last year’s certification review in Orlando, Hahamovitch v. Hahamovitch, has returned, this time with the Supreme Court weighing in and approving the 4th DCAs opinion. The case involves interpretation of prenuptial agreements. The 2d DCA case of Irwin v. Irwin and the 3d DCA case of Valdes […]
Rutan v. Rutan
Rutan v. Rutan is a case that had been previously remanded for findings. The 2d DCA again remanded the case for findings justifying its award of alimony. The trial court (in Pinellas County) found that the Wife had met her burden of proving ability to pay, but the findings are insufficient to allow the appellate […]
Corcoran v. Corcoran
In Corcoran v. Corcoran, the 5th DCA remanded the final judgment for required findings to be made on four separate issues where they were missing: alimony, attorney’s fees, equitable distribution, and shared parental responsibility. Corcoran v Corcoran
Berg v. Young
Berg v. Young concerns the interpretation of a prenuptial agreement. Ultimately the 4th DCA reversed the finding regarding a denial of attorney’s fees because the prevailing party should have been awarded his fees based upon a plain reading of the agreement. Also reversed was the award to the wife of attorney’s fees based upon section […]
Vaelizadeh v. Hossaini
In Vaelizadeh v. Hossaini the 4th DCA tackled the issue of an untimely objection to relocation. The trial court found that the Father’s objection to the proposed relocation was untimely and thus entered a final judgment allowing the relocation, but the appellate court reversed and remanded the case for five reasons: The father had filed […]
Temares v. Temares
In Temares v. Temares, the appellate court reversed an order for compulsory mental health and substance abuse evaluation. There was no good cause for the evaluations. The “in controversy” and “good cause” requirements for a compulsory evaluation require an affirmative showing by the movant that each condition as to which the examination is sought is […]
Suarez v. Orta
In Suarez v. Orta, the trial court adopted a report and recommendations by a general magistrate over timely-filed objections. This was error. Apparently the trial court did not treat the objections as Exceptions, focusing on the title of the document rather than its substance. Pleadings by pro se litigants should only be defined by their […]