Taylor v. Taylor

Taylor v Taylor In Taylor v. Taylor, the 2d DCA reverses an award of durational, rather than permanent, alimony. The identified problem essentially was twofold, but really comes down to an absence of statutory findings. There is a lack of findings necessary to support the use of durational rather than permanent alimony, and the amount […]

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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 […]

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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 […]

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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 […]

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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 […]

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Timesharing and Custody Factors

When Florida courts fashion timesharing plans, there are multiple factors which the Court must consider to determine the plan that is in the best interest of the children. The factors considered by the Court can be found in Florida Statute 61.13(3). It is important to understand each factor and to do your best to follow […]

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