Stephens’ Squibs – October 2018

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Appeals:

Rayess v. Bitar, 43 Fla.L.Weekly D2367 (Fla. 5th DCA 2018).  Without transcript, appellate court must affirm judgment unless fundamental error appears on the face of the order.

Evans v. Miller, 43 Fla.L.Weekly D2337 (Fla. 5th DCA 2018).  Without transcript, appellate court cannot determine if final judgment had evidentiary support.

Attorney’s Fees:

Cherry v. Viker, 43 Fla.L.Weekly D2199 (Fla. 1st DCA 2018).  Appellant’s conduct not basis to award attorney’s fees because financial resources are the primary factor.

Equitable Distribution:

Garrison v. Garrison, 43 Fla.L.Weekly D2275 (Fla. 4th DCA 2018).  Even without transcript, Trial Court reversed for distributing closely held corporation 50/50 to parties without valuing it.  It is well settled compelling former spouses to remain in business together constitutes an intolerable situation and is an abuse of discretion.

Injunction:

Lopez v. Regaldo, 43 Fla.L.Weekly D2324 (Fla. 5th DCA 2018).  Injunction entered affirmed even when Husband not served but appeared and participated in hearing.  Portion awarding child support and modifying timesharing reversed when not requested in petition.

Parenting:

Lennon v. Lennon, 43 Fla.L.Weekly D2337 (Fla. 2nd DCA 2018).  Parenting plan remanded to provide either parent may provide consent for minor child to receive mental health treatment pursuant to section 61.13(2)(b)(3)(a).

Procedure:

Hogan v. Aloia, 43 Fla.L.Weekly D2281 (Fla. 4th DCA 2018).  Trial court affirmed for denying continuance during trial when wife’s attorney withdrew a week before trial.  Three factors must be considered; 1) whether denial would result in injustice to movant, 2) whether reason for continuance was unforeseeable or due to dilatory practices, and 3) whether opposing party would suffer prejudice or inconvenience as result of continuance.

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