FAMILY LAW: DISSOLUTION OF MARRIAGE; JUDGES: DISQUALIFICATION: DISCOUNTING TESTIMONY ABOUT HUSBAND’S ACCOUNTANT BECAUSE HE WAS A FRIEND AND TELLING ACCOUNTANT THIS WAS A DIFFICULT CASE AND JUDGE WOULD HAVE TO PICK ONE PROPOSED ORDER OVER ANOTHER DID NOT WARRANT DISQUALIFICATION; APPEALS: PROHIBITION

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Clark v. Clark, ___ So. 3d ___, 40 Fla. L. Weekly D718 (Fla. 1st DCA March 25, 2015)

The trial judge in an action for dissolution of marriage was not subject to disqualification because he discounted the testimony of the husband’s accountant, who was the husband’s friend, or because the judge told the accountant that this was a difficult … Click To Read Full Case Law Review...

FAMILY LAW: CHILD SUPPORT: CIVIL PROCEDURE: RELIEF FROM JUDGMENT: CLERICAL MISTAKES: IMPUTATION OF MEDIAN INCOME, RATHER THAN MINIMUM INCOME, WAS A SUBSTANTIVE, RATHER THAN A CLERICAL, ERROR THAT SHOULD HAVE BEEN ADDRESSED BY MOTION FOR REHEARING OR APPEAL RATHER THAN MOTION FOR RELIEF FROM JUDGMENT UNDER FLA. R. CIV. P. 1.540(a): MISTAKE ARISING FROM DELIBERATE CHOICE IS NOT CLERICAL ERROR

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Department of Revenue v. Annis, ___ So. 3d ___, 40 Fla. L. Weekly D565 (Fla. 2d DCA March 4, 2015)

The Department of Revenue (DOR) filed a petition for support against the father. The trial court’s amended final judgment imputed income at the median income level, but a successor judge relied upon Fla. R. Civ. P. 1.540(a) to enter a … Click To Read Full Case Law Review...

FAMILY LAW: REAL ESTATE: RIGHT OF FIRST REFUSAL: FORMER HUSBAND’S EMAIL STATING THAT HE WAS EXERCISING HIS RIGHT OF FIRST REFUSAL TO PURCHASE THE MARITAL HOME IMPLICITLY ADOPTED ALL THE TERMS OF THE THIRD PARTY CONTRACT AND PERFECTED HIS RIGHT OF FIRST REFUSAL: FORMER WIFE’S REPLY EMAIL, WHICH INTRODUCED NEW TERMS NOT FOUND IN THE LISTING ORDER, CONSTITUTED A BREACH

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Castelli v. Castelli, ___ So. 3d ___, 40 Fla. L. Weekly D570 (Fla. 4th DCA March 4, 2015)

The trial court entered a Listing Order requiring the parties to sell the marital home but providing the former husband with a right of first refusal. When a third party made an offer to purchase the home, the former husband’s lawyer … Click To Read Full Case Law Review...

FAMILY LAW: DUE PROCESS: TRIAL COURT DID NOT VIOLATE DUE PROCESS BY DENYING PETITION FOR MODIFICATION WITHOUT A HEARING BECAUSE PETITION WAS ACTUALLY AN UNTIMELY MOTION FOR REHEARING OR RECONSIDERATION

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Westwood v. Westwood, ___ So. 3d ___, 40 Fla. L. Weekly D539 (Fla. 5th DCA February 27, 2015)

The trial court entered a partial final judgment of dissolution of marriage permitting the minor children to move to the United Kingdom with their father. The mother did not appeal but, thirty four days later, she filed a petition for modification … Click To Read Full Case Law Review...

FAMILY LAW: ATTORNEY’S FEES: INADEQUATE FINDINGS; APPEALS: PRESERVATION: HUSBAND WAIVED OBJECTION TO INADEQUATE FINDINGS BY FAILING TO MOVE FOR REHEARING

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Spreng v. Spreng, ___ So. 3d ___, 40 Fla. L. Weekly D309 (Fla. 5th DCA January 30, 2015)

The court affirmed an award of temporary attorney’s fees and costs to the wife, despite her concession of error. “Although [the trial court’s order] was deficient in its factual findings with regard to the factors set forth in Florida Patient’s Compensation … Click To Read Full Case Law Review...