Factual Differences in the Complaint and Cure Letters in a Foreclosure Proceeding Preclude Summary Judgment

Valencia v. Deutsche Bank National Trust Company, 4D09-3297 June 22, 2011 The Fourth District addressed an appeal of an order granting summary final judgment in favor if the lender in a foreclosure proceeding. The complaint had alleged December 1, 2003 as the date of the borrower’s default. The mortgage required that the lenders provide the borrowers...

Available Income is the Proper Basis for an Alimony Award; A Marital Lifestyle That Exceeds the Parties’ Earnings is not a Proper Guide for Awarding Alimony

Cissel v. Cissel, 4D09-3029 & 4D10-1324 June 22, 2011 The Fourth District wrote to address an appeal of an alimony award and child support. The court below found the former husband, appellant, to have a gross monthly income of $18,109. The figure was based on his average earnings during the preceding fourteen months of trial. The...

A Parent’s Efforts to Assume Parental Duties While Incarcerated is Relevant and Admissible in a Proceeding for Termination of Parental Rights.

L.K. v. Department of Children and Families, 4D10 – 5124 June 15, 2011 The Fourth District Court of Appeal addressed a final order terminating L.K.’s parental rights as to her daughter, G.B. The Department initiated dependency proceedings regarding G.B and took her into the Department’s custody. Shortly thereafter, L.K. was incarcerated for narcotics. The evidence showed...

Past, Present, or Future Criminal Activity Necessary for a Constitutional Stop or Search When Acting on a Tip

Bryan v. State of Florida, 4D10-632 June 15, 2011 The Fourth District Court of Appeal wrote to address a trial court’s order denying a motion to suppress evidence obtained during a warrantless search. Acting on an anonymous tip, police were dispatched to investigate a call about three black males in front of a home by a...

Revocation of Probation Reversed Where Warrant Fails to Allege Violation

Barrueta v. State of Florida, 4D10-2084 June 15, 2011 The Fourth District Court of Appeals addressed an appeal from a revocation of probation and resulting judgment and sentence. The appellant was on probation following a conviction on one count of trafficking in cocaine and one count of conspiracy to traffic in cocaine. The State later obtained...

Police Exceeded Scope of Consensual Search of Juvenile Defendant

A.L.T. v. State of Florida, 4D10 – 2278 June 8, 2011 The Fourth District wrote to address whether a police search exceeded the scope of the suspect’s consent. A.L.T., a child, was stopped by Officer Mandell of the Fort Lauderdale Police Department. He asked A.L.T. specifically if he could “search him for weapons or drugs.” A.L.T....

Burden of Proof on the Party Asserting a Nonmarital Value to a Marital Residence

Konz v. Konz, 4D09-4454 June 1, 2011 The Fourth District addressed an issue of valuation regarding a marital residence during a dissolution of marriage proceeding. At the time of the marriage, appellant, husband owned a home that had a fair market value of $380,000 with a $25,000 mortgage. During the marriage, the home was demolished and...