In Mintz Truppman, P.A. v. Cozen O'Connor, PLC, No. SC20-1225, 2022 Fla. LEXIS 1292, at *5 (Aug. 25, 2022), the Florida Supreme Court recently had an opportunity to address whether a writ of prohibition can used as a vehicle for interlocutory review/redress when a...
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WHAT ISSUES ARE UNIQUE TO DOCTOR DIVORCES IN FLORIDA?
Divorces can be complex legal matters, and when one or more of the spouses are doctors, a divorce can be even more complex. Issues that can complicate physician divorces include business valuation(s), increased earning potential and spousal support issues, and...
Supreme Court Addresses Child Abduction and Hague Convention Habitual Residence of Child Standard
In Monasky v. Taglieri, No. 18-935, 2020 U.S. LEXIS 1362, at *1 (Feb. 25, 2020), a rare family law issue made its way to the United States Supreme Court, by virtue of an action brought pursuant to the Hague Convention on the Civil Aspects of International Child...
FLORIDA’S 2ND DCA REQUIRES HEARING AS A PREREQUISITE TO SUMMARY JUDGMENT
The right to procedural due process, including an opportunity to be heard, is a constitutional principle that has been carried over generations of litigation. However, this longstanding right is often weighed against and threatened by the realities of litigation....
First District Weighs in on Proof of Malicious Harassment In Florida Dating Violence Injunctions
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...
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....