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

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: 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: TEMPORARY ATTORNEY’S FEES: CIVIL PROCEDURE: ORDERS: CONFLICT BETWEEN TRIAL COURT’S ORAL PRONOUNCEMENT AND ITS WRITTEN ORDER: ALTHOUGH TRIAL COURT STATED THAT HOURS EXPENDED WERE EXCESSIVE, IT AWARDED THE LION’S SHARE OF THOSE HOURS: APPEALS: FAILURE TO MAKE EXPLICIT FINDINGS ON REASONABLE NUMBER OF HOURS WORKED AND HOURLY RATES PRECLUDED MEANINGFUL APPELLATE REVIEW: REMAND FOR SUFFICIENT FINDINGS: SECTION 61.16(1), FLORIDA STATUTES, DOES NOT REQUIRE CORROBORATING EXPERT TESTIMONY TO SUPPORT AN AWARD OF FEES: TRIAL COURT COULD RELY ON UNREFUTED TESTIMONY OF PRINCIPAL ATTORNEY ON RATES CHARGED: BLOCK BILLING FRUSTRATED A DETERMINATION OF REASONABLENESS

Moore v. Kelso-Moore, ___ So. 3d ___, 39 Fla. L. Weekly D2402 (Fla. 4th DCA November 19, 2014)

The appellate court, in an action for dissolution of marriage, reversed an award of temporary attorney’s fees to the wife because the conflict between the trial court’s oral pronouncement and its written order, coupled with the failure to make explicit findings … Click To Read Full Case Law Review...