DISSOLUTION OF MARRIAGE: EQUITABLE DISTRIBUTION: PASSIVE APPRECIATION OF MARITAL HOME THAT IS NONMARITAL ASSET

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Kaaa v. Kaaa, ___ So. 3d ___, 35 Fla. L. Weekly S521 (Fla. 9/30/10)

“[T]he passive appreciation of a nonmarital asset, such as . . . [a] marital home, is properly considered a marital asset [if] marital funds or the efforts of either party contributed to the appreciation.”  “[I]t is the passive appreciation in the value of the home … Click To Read Full Case Law Review...

APPEALS: TIMELINESS: CLERK’S TIME STAMP PROVIDES REBUTTABLE EVIDENCE OF FILING DATE

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Strax Rejuvenation and Aesthestics Institute, Inc. v. Shield, ___ So. 3d ___, 35 Fla. L. Weekly S523 (Fla. 9/30/10)

Resolving a conflict between the Third and Fourth District Courts of Appeal, the Florida Supreme Court held that the clerk’s time stamp on a notice of appeal provides rebuttable evidence of the date of filing.  In this case, the clerk’s … Click To Read Full Case Law Review...

Evidence: Gruesome Photographs

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Ault v. State, ___ So. 2d ___, 35 Fla. L. Weekly S527 (Fla. 9/30/10)

The defendant murdered seven and eleven year old sisters. The trial court did not abuse his discretion by admitting photographs of the dead victims because the photographs were “used by the medical examiner to explain his conclusions regarding the circumstances of the victims’ deaths.”  One … Click To Read Full Case Law Review...

FAMILY LAW: MARITAL HOME: NONMARITAL ASSET: PASSIVE APPRECIATION

Case Decision Date: Reviewed by

Kaaa v. Kaaa, ___ So. 3d ___, 36 Fla. L. Weekly S129 (Fla. 9/30/10)

The Florida Supreme Court concluded that “when a marital home constitutes nonmarital real property, but is encumbered by a mortgage that marital funds service, the value of the passive, market-driven appreciation of the property that accrues during the course of the marriage is a marital asset … Click To Read Full Case Law Review...

Judgment: Verbatim Adoption of Proposed Judgment

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Bishop v. Bishop, ___ So. 3d ___, 35 Fla. L. Weekly D2147 (Fla. 2d DCA 9/29/10)

The appellate court reversed a final judgment of dissolution of marriage because the trial judge adopted verbatim the proposed judgment submitted by the husband, and the circumstances created the appearance that the judgment did not reflect the judge’s independent decision-making.  (1) “The trial … Click To Read Full Case Law Review...