APPELLATE DECISIONS & LINKS

Appellate Decisions Throughout Florida


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Appellate Decisions Throughout Florida


Appellate Decisions & Opinions

Alcenat v. Alcenat 989 So. 2d 738
A successor judge may not enter an order or judgment based upon evidence heard by the predecessor.  
Baime v. Baime 850 So. 2d 606
Award of attorney's fees reversed.
Bisel v. Bisel 165 So. 3d 833
Default Final Judgment vacated for denial of due process. [Default entered while mother was living out of state getting medical treatment.]
Damiani v. Damiani 835 So. 2d 1168
Divorce Final Judgment reversed and remanded for multiple issues including the requirement of a bond for visitation and mother's visitation schedule. Appellate attorney fees were granted to the mother.
Drouin v. Stuber 168 So. 3d 305
The trial court erred in vacating the paternity judgment based on the fact that the mother's husband was not joined by the child's biological father as a party to the proceeding; any right to seek to set aside the 2011 paternity judgment for the failure to join the husband belonged to the husband himself, not the mother; The trial court's concern that a Privette "best interests of the child" determination had not been made in 2011 was misplaced.  
Ehney v. Berezyuk 2016 Fla. App. LEXIS 9622
Appellate court affirmed Husband's appeal of domestic violence.
Ginnell v. Pacetti 41 So. 3d 322
Criminal contempt reversed of custody embattled mom.
Goldberg v. Goldberg 2005 Fla. App. LEXIS 12481
Award of attorney's fees reversed.
Jaeger v. Jaeger 182 So. 3d 697
An attorney's charging lien may not apply against an award of past due undifferentiated support accruing during the pendency of divorce proceedings.
Jaeger v. Jaeger 195 So. 3d 414
Reversal of equitable distribution scheme where the trial court's determinations were not supported by competent, substantial evidence.
Kochinsky v. Moore 698 So. 2d 397
Reversal of award of attorney's fees.
Kochinsky v. Moore 729 So. 2d 407
Reversal of retroactive child support and imputation of father's income for child support calculation.
Lohman v. Carnahan 963 So. 2d 985
Putative father may not invade the sanctity of marriage to question the paternity of a child born during an intact marriage.
Subramanian v. Subramanian 239 So. 3d 719
Reversal of equitable distribution scheme which included liabilities incurred after filing of divorce.
Wade v. Wade 123 So. 3d 697
The biased Miami trial judge is ordered to recuse himself.
Wade v. Wade 124 So. 3d 369
Baller Dwyane Wade loses in his bid to have his ex-wife, Siohvaughn, subjected to a psychological exam. Conclusory allegations in the pleadings and argument by counsel are insufficient to place a party's mental state in controversy.
Walker v. Segro 848 So. 2d 464
Order of temporary visitation reversed as denial of due process: insufficient and improper notice.
Whissell v. Whissell 222 So. 3d 594
Reversal of equitable distribution scheme where the trial court's determinations were not supported by competent, substantial evidence.
Whissell v. Whissell 2017 Fla. App. LEXIS 10091
Reversal of equitable distribution scheme where the trial court's determinations were not supported by competent, substantial evidence.
Williams v. Lutrario 131 So. 3d 801
The trial court did not err in denying a father's motion for contempt and enforcement of a timesharing agreement because it properly interpreted the summer break provision of the parties' parenting plan; The provision was unambiguous; Because the father was not current in support payments at the end of the year, the mother was not required to execute a waiver of the dependency tax exemption. The mother could not be held in contempt for taking the exemption for a tax year during which the father was never current in his support payments, even though the father later became current on his payments.
Williams v. Lutrario 2012 Fla. App. LEXIS 3251
We affirm the final judgment of paternity in all respects but two. The judgment failed to give the father credit for $850 in child support payments, and on remand, in an amended final judgment, that amount should be set off against the child support arrearages. Next, although the court awarded the father the IRS income tax exemption in "odd-numbered calendar years," the judgment should indicate that the mother, the custodial parent, is required to execute a waiver of the dependency exemption, only if the father "is current in support payments.
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