On January 22, 2018, the Florida First District Court of Appeal released an opinion in Ferrandino v. Riley, No. 1D17-1187 (Fla. 1st DCA 2018), which sheds some additional light on an often-presented issue--objections to subpoenas directed to non-parties. It is...
Legal Representation
Month: January 2019
Are civil remedies available in Florida for unauthorized access to computer systems?
Florida's Computer Abuse and Data Recovery Act (CADRA), codified at § 668.801, Fla. Stat., et. seq., is Florida's Data Protection Law, and has similarities to its federal counterparts the Stored Communications Act (“SCA”), 18 U.S.C. §§ 2701, et seq., and the Computer...
What Factors Does a Florida Family Law Court Consider When Determining a Time-Sharing Schedule?
A common question asked by individuals faced with an initial divorce or paternity action is: how does a court decide the time-sharing schedule between the parents and minor children? Florida courts no longer determine "custody" over children, and instead establish a...
What are the grounds for obtaining a cyber stalking injunction in Florida?
Individuals sometimes approach our firm after being “harassed” by someone, often times online, and are seeking information about their legal options, including the ability to obtain an injunction against the offending party. Similarly, because many injunction...
Who Will Pay For The Attorney’s Fees In A Florida Divorce?
Florida divorce (or, dissolution of marriage) cases are grounded in equity; therefore, fairness and equitable principles generally apply. Many litigants wonder who will end up paying for the attorney’s fees, costs, and/or suit money that are incurred during a divorce....
Can You Obtain Alimony Or Child Support In Florida Without Seeking Divorce?
Sometimes, individuals who are separated, and in need of help, still do not desire or are not ready for a divorce. Pursuant to Florida law, a spouse can seek an award of spousal support, or child support, without seeking a divorce. § 61.09, Florida Statute, provides:...
Is Failure to Read or Understand a Defense to Breach of Contract in Florida?
In today’s world, individuals and businesses routinely enter into contracts in the ordinary course of their lives and operations. The average person may not even carefully read lengthy and intimidating contractual provisions before signing same, let alone understand...
In a Florida Divorce, can an asset be awarded before the case is finalized?
In Florida dissolution of marriage litigation, sometimes, due to an emergency or otherwise, there is an urgent need for one party to be awarded an asset at a preliminary stage without having to wait until a final hearing or trial. There are many instances in which...
New Beginnings Meet a Roadblock: The Realities of Relocation with Minor Children
Divorced or separated parents often desire to relocate, whether to seek new employment opportunities, to be closer to family, or for a number of other reasons. If a party desires to move more than 50 miles away from their principal residence, after the filing of a...
Domesticating and Enforcing an Out-Of-State Subpoena in Miami, Florida
Update: Effective July 1, 2019, Florida official adopted the Uniform Interstate Depositions and Discovery Act, which is codified at Section 92.251, Fla. Stat. Adoption of the Act provides much needed simplification of the process for domesticating and enforcing...