The availability of civil injunctions for protection against “dating violence,” as well as other forms of violence such as “repeat violence” and “sexual violence” are addressed in § 784.046, Fla. Stat. Notably, while there are overlapping concepts, this statute...
Year: 2019
A reminder from the 3rd DCA on how duress can invalidate a prenuptial agreement
On July 19, 2019, the Third District Court of Appeal issued its opinion in Ziegler v. Natera, No. 3D19-86, 2019 Fla. App. LEXIS 10818, at *1 (3d DCA July 10, 2019). In Ziegler, 6 days before a marriage in Venezuela, the future husband presented his pregnant future...
Case Note: Litigating Third Party Spoliation Of Evidence Claims In Florida
The duty to preserve evidence relevant to a case can apply before a complaint is ever filed and before an action exists, and is triggered once litigation is reasonably anticipated. The duty to preserve evidence extends to any evidence that the party knows, or...
Will A Mistake In A Party’s Name Prevent Enforcement Of Florida Contracts?
Unfortunately, competent attorneys are often retained after problems arise, as opposed to being hired to ensure that a transaction is handled correctly at its inception. This case note discusses a recent opinion from the Florida Fourth District Court of Appeal, which...
Use of Judicial Notice for Parts of Court Records in Other Cases, in Florida Litigation
On September 28, 2018, Judge Easterbrook of the United States Court of Appeals for the Seventh Circuit, as the sitting motions judge in an appeal, released an order addressing the common misuse of judicial notice requests, “in the hope for forestalling other, similar...
How is child support calculated in Florida?
Many individuals do not have a basic understanding as to how Florida courts calculate child support. The public policy of the State of Florida is that "each parent has a fundamental obligation to support his or her minor or legally dependent child." § 61.29, Fla....
Guidance for Non-Parties Seeking Protection From Subpoenas in Florida – Ferrandino (1st DCA 2018).
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...
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...