In Forssell vs. Forssell, the appellate court reversed a non-final order suspending time-sharing because the trial court did not indicate what if any steps would be required of the father to reinstate his time-sharing. The appellate court also reversed and remanded an order denying the dismissal of a separate domestic violence injunction. Both parties requested […]
Tag: Florida Law
Modifying Final Judgments Part I:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. For some men the attitude is, “I just want this over. Let’s just settle. She can have what she wants right now, and we can talk about changing things […]
Stusch vs. Jiruska
In Stusch vs. Jiruska, the appellate court reversed and remanded an order finding the former husband in Contempt because the trial court erred in not granting a continuance and conducting a hearing without the former husband present. The trial court should have granted a continuance based upon the pro se letter from the former husband […]
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
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 […]
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 […]
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
Holiday Timesharing
The holiday season is fast approaching. If you are currently in the middle of a divorce or paternity case, you may not have a holiday timesharing schedule in place yet. Holiday timesharing temporarily replaces your everyday schedule. In other words, even if you have a regular timesharing schedule that you follow, if there is not […]
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 […]
Corporations In Divorce
These days it is not unusual for a married couple to have one or more businesses that are incorporated as Corporations or Limited Liability Companies (LLC). When divorce comes up, a question should be asked “should the corporation be made a party?” If a spouse wants to have property that is owned by a corporation […]