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....
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...
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...
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...
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...
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...