FAMILY LAW: FINAL ORDER OF DISSOLUTION OF MARRIAGE: VERBATIM ADOPTION OF PROPOSED FINAL ORDER WAS ACCEPTABLE BECAUSE THE PROPOSED ORDER REFLECTED THE RULINGS THAT THE TRIAL COURT MADE; APPEALS: CHALLENGE TO FINAL ORDER BASED UPON A CLAIMED LACK OF FACTUAL FINDINGS WAS NOT PRESERVED FOR APPELLATE REVIEW BECAUSE ISSUE WAS NOT RAISED IN TRIAL COURT

Byers v. Byers, ___ So. 3d ___, 39 Fla. L. Weekly D2201 (Fla. 1st DCA October 21, 2014)

The appellate court affirmed a final order of dissolution of marriage.  The husband failed to preserve his right to challenge the order based upon “a claimed lack of factual findings” because he did not raise this issue in the trial court.  … Click To Read Full Case Law Review...

ARBITRATION: APPEALS: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES: APPELLATE COURT DECIDES THAT SANCTIONS SHOULD BE IMPOSED AGAINST THE APPELLANT AND HIS LAWYER BECAUSE THEIR APPEAL PRESENTED NO JUSTICIABLE QUESTION AND WAS ON ITS FACE DEVOID OF MERIT

Nordt v. Nordt, ___ So. 3d ___, 39 Fla. L. Weekly D2184 (Fla. 3d DCA October 15, 2014)

The appellate court affirmed a non-final order compelling arbitration and “conclude[d] that sanctions should be imposed on [the appellant] and his counsel pursuant to section 57.105(1) [Florida Statutes] because his appeal of the order presented no justiciable question and was on its … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: INCOHERENT EXHIBITS AND TESTIMONY FAILED TO ESTABLISH STANDING; CIVIL PROCEDURE: APPEALS: SPECIFIC, CONTEMPORANEOUS OBJECTION UNNECESSARY TO PRESERVE RIGHT TO APPEAL BASED UPON INSUFFICIENCY OF EVIDENCE TO SUPPORT JUDGMENT ENTERED AFTER NON-JURY TRIAL: DO OVER: PLAINTIFF NOT ENTITLED TO RETRIAL WHEN REVERSAL OF JUDGMENT IS BASED UPON A FAILURE OF PROOF

Lacombe v. Deutsche Bank National Trust Company, ___ So. 3d ___, 39 Fla. L. Weekly D2156 (Fla. 1st DCA October 14, 2014)

The appellate court reversed final judgment of foreclosure after a non-jury trial because of insufficient evidence of standing.  The plaintiff was not the named payee in the promissory note, and an allonge designated yet another payee.  At … Click To Read Full Case Law Review...

APPEALS: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT: APPELLEE’S MOTION FOR ATTORNEY’S FEES, BASED UPON PROPOSAL FOR SETTLEMENT, DENIED BECAUSE APPELLANT VOLUNTARILY DISMISSED ITS APPEAL BEFORE ANY BRIEFING

Magic Tinting Window & Car Alarm, Inc. v. Scottsdale Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D2106 (Fla. 3d DCA October 8, 2014)

The appellate court denied the appellee’s motion for attorney’s fees, based upon a proposal for settlement, because the appellant dismissed its appeal before any briefs were filed.  Although the court possessed misgivings about its … Click To Read Full Case Law Review...

APPEALS: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES:  NOTWITHSTANDING VOLUNTARY DISMISSAL OF APPEAL, APPELLATE COURT SUA SPONTE AWARDS ATTORNEY’S FEES AGAINST APPELLATE LAWYER FOR FILING A FRIVOLOUS APPEAL AND DIRECTS CLERK TO FORWARD ITS OPINION TO THE FLORIDA BAR BECAUSE THIS WAS NOT AN ISOLATED INCIDENT

Schwades v. America’s Wholesale Lender, ___ So. 3d ___, 39 Fla. L. Weekly D1906 (Fla. 5th DCA September 5, 2014)

After the appellate court affirmed the dismissal of another appeal involving the same issue, brought by the same lawyer, the lawyer voluntarily dismissed the appeal in this case.   Nevertheless, the appellate court sua sponte imposed attorney’s fees against the … Click To Read Full Case Law Review...