Phillips v. Phillips

The following case reversed the granting of an Injunction for Protection Against Domestic Violence because the pleading and testimony failed to allege that violence had occurred or that there was a reasonable fear that violence would occur. The wife had testified that no violence had in fact occurred in the four months preceding her petition. […]

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Seilkop v. Barker

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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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