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...

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

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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 APPEALS: ORDER DENYING WIFE’S MOTION FOR PSYCHOSEXUAL EVALUATION OF HUSBAND IN TIMESHARING DISPUTE WAS NOT REVIEWABLE BY APPEAL BECAUSE ORDER DID NOT DETERMINE TIMESHARING RIGHTS: ORDER WAS NOT REVIEWABLE BY CERTIORARI BECAUSE IT DID NOT RESULT IN IRREPARABLE HARM AS IT MERELY DENIED A DISCOVERY REQUEST, AND ANY RESULTING HARM COULD BE REMEDIED ON APPEAL

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Goslin v. Preisser, ___ So. 3d ___, 39 Fla. L. Weekly D2252 (Fla. 1st DCA October 29, 2014)

The parents were involved in a timesharing dispute.  When the trial court denied the mother’s motion to compel the husband to undergo independent psychosexual evaluation, the appellate court dismissed the mother’s appeal for lack of jurisdiction “because the order did not … Click To Read Full Case Law Review...

FAMILY LAW: ATTORNEY’S FEES; CIVIL PROCEDURE: DISCOVERY: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENT OF LAW BY REQUIRING LAWYER FOR NON-PARTIES TO PRODUCE ITS BILLING RECORDS BECAUSE WIFE DID NOT PRODUCE EVIDENCE TO SHOW THAT THE RECORDS WERE RELEVANT; APPEALS: CERTIORARI: IRREPARABLE HARM: NON-PARTY THAT IS ORDERED TO PRODUCE RECORDS OVER ITS OBJECTION DOES NOT HAVE ADEQUATE REMEDY ON APPEAL

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Presley Law and Associates, P.A. v. Casselberry, ___ So. 3d ___, 39 Fla. L. Weekly D2063 (Fla. 2d DCA October 1, 2014)

After the wife obtained a judgment against the husband in proceedings to dissolve their marriage, she sought to garnish trust funds in which the husband held an interest.  When the wife moved for attorney’s fees against the husband, … Click To Read Full Case Law Review...

FAMILY LAW: JUDGES: SUCCESSOR JUDGES; CIVIL PROCEDURE: CASE JURISDICTION: TRIAL COURT LOST JURISDICTION TO ORDER NEW TRIAL AFTER EXPIRATION OF FIFTEEN DAY TIME LIMIT UNDER FLA. R. CIV. P. 1.530(d) AND TEN DAY TIME LIMIT UNDER FLA. R. CIV. P. 1.540

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Scheller v. Sollecito, ___ So. 3d ___, 39 Fla. L. Weekly D1803 (Fla. 4th DCA August 27, 2014)

The successor judge, in a matrimonial case, acting sua sponte, ordered a new trial because the parties were unable to agree on the wording of a final judgment entered by the predecessor judge, which merely adopted the oral pronouncements recorded in … Click To Read Full Case Law Review...