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 […]
Tag: appeal
Bush v. Henney
Bush v Henney In Bush vs. Henry, an Injunction for Protection Against Domestic Violence should have been dismissed upon the motion of the Respondent filed 14 years after the injunction was originally granted. The events which gave rise to this injunction arose during an exchange of the parties’ minor child, who is now 20. The […]
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 […]
Pashtenko v. Pashtenko
In the following appeal involving a Petition for Injunction for Protection Against Stalking, the trial court’s summary denial of the Petition is reversed because the Petition alleged sufficient grounds to grant the petition. The trial court’s cited grounds for denial were inapplicable to this type of injunction. The Injunction should not have been summarily denied. […]
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 […]