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...
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....
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...
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...
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...
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...
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....
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:...
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 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...