FAMILY LAW: PETITION TO DETERMINE PATERNITY: SPERM DONOR: CIVIL PROCEDURE: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES: ALTHOUGH SPERM DONOR’S AMENDED PETITION TO DETERMINE PATERNITY WAS DENIED WITH PREJUDICE, TRIAL COURT ERRED BY GRANTING ATTORNEY’S FEES AGAINST HIM UNDER SECTION 57.105, FLORIDA STATUTES, BECAUSE SPERM DONOR WAS ATTEMPTING TO ADVANCE A NOVEL QUESTION OF LAW

B.W.P. v. A.L.H., ___ So. 3d ___, 40 Fla. L. Weekly D267 (Fla. 2d DCA January 23, 2015)

The appellate court affirmed an order dismissing with prejudice a sperm donor’s amended petition to determine paternity, but the court reversed an order awarding attorney’s fees against the donor as a sanction under Section 57.105, Florida Statutes, because the donor “attempted to … Click To Read Full Case Law Review...

FAMILY LAW: ALIMONY; APPEALS: TIMELINESS: TIME TO APPEAL RAN FROM DATE OF RENDITION OF ORIGINAL ORDER BECAUSE AMENDED ORDER MERELY CORRECTED AN ERRONEOUS DATE AND DID NOT EFFECT A SUBSTANTIVE CHANGE

Panopoulos v. Panopoulos, ___ So. 3d ___, 40 Fla. L. Weekly D268 (Fla. 2d DCA January 23, 2015)

The husband’s time to appeal began to run from the date of rendition of the original order awarding durational alimony to the wife because the trial court’s amended order merely corrected a date and did not effect a substantive change.

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FAMILY LAW: DISSOLUTION OF MARRIAGE; CIVIL PROCEDURE: SANCTIONS: STRIKING PLEADINGS: ORDER STRIKING HUSBAND’S PLEADINGS BASED UPON FAILURE TO ATTEND PRETRIAL CONFERENCE AND TO COMPLY WITH PRIOR COURT ORDERS LACKED REQUIRED FINDINGS THAT HUSBAND’S CONDUCT WAS WILLFUL OR DELIBERATE; VENUE: CHOICE OF LAW PROVISION: TRIAL COURT ERRED BY PLACING BURDEN ON PROPONENT TO SHOW THAT CHOICE OF LAW PROVISION APPLIED

Lamb v. Lamb, ___ So. 3d ___, 40 Fla. L. Weekly D102 (Fla. 5th DCA January 2, 2015)

An order, in an action for dissolution of marriage, striking the husband’s pleadings based upon his “fail[ure] to attend a pretrial conference and to comply with other pretrial orders” “was clearly deficient because it did not contain the required findings that … Click To Read Full Case Law Review...

FAMILY LAW: DISSOLUTION OF MARRIAGE: SAME SEX MARRIAGE: STANDING: CASE OR CONTROVERSY: TRIAL COURT DISMISSED PETITION FOR DISSOLUTION OF SAME SEX MARRIAGE ENTERED IN IOWA BASED UPON PROHIBITION IN SECTION 741.212, FLORIDA STATUTES, ON SAME SEX MARRIAGE: APPELLATE COURT DISMISSES APPEAL BASED ON LACK OF VALID CASE OR CONTROVERSY BECAUSE LITIGANTS MERELY SOUGHT TO HAVE THE COURT PLACE ITS IMPRIMATUR ON THEIR AGREED INTERPRETATION OF STATUTE

Oliver v. Stufflebeam, ___ So. 3d ___, 40 Fla. L. Weekly D66 (Fla. 3d DCA December 24, 2014)

Two women moved to Florida after marrying in Iowa. The trial court dismissed an uncontested petition for dissolution of marriage filed by one of the women based upon Section 741.212, Florida Statutes, “which prohibits the recognition of a marriage between persons of … Click To Read Full Case Law Review...

FAMILY LAW: APPEALS: TRIAL COURT’S FAILURE TO APPORTION AWARD OF FEES AND COSTS PREVENTED MEANINGFUL APPELLATE REVIEW: REMAND FOR APPORTIONMENT

Coleman v. Bland, ___ So. 3d ___, 39 Fla. L. Weekly D2526 (Fla. 5th DCA December 5, 2014)

The trial court awarded $5,000 to the former wife for appellate attorney’s fees and costs and post judgment non-appellate attorney’s fee and costs.  When the wife appealed, the appellate court observed that the trial court’s failure to apportion the award among … Click To Read Full Case Law Review...