Monthly Archives: January 2012

Free Rent Ends When New Marriage Begins: Fourth DCA Makes Clear That Awards of Exclusive Possession of Marital Home Must Provide for Termination Upon Remarriage

By Robin Bresky |

Fisher v. Fisher Case No. 4D10-383 The Fourth District Court of Appeal (“Fourth DCA”) addressed a direct appeal from a final judgment of dissolution of marriage. The trial court’s final judgment provided that the former wife and minor children would have exclusive use and possession of the marital home until the youngest child reached… Read More »

Rip Van Winkle and Default Judgments: Fourth Reverses Order Granting Motion To Vacate Eighteen Year Old Default Judgment

By Robin Bresky |

Block v. Tosun Case No. 4D11-1594 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting a motion to vacate an eighteen year old default judgment without an evidentiary hearing. The plaintiff trustees had obtained a default judgment against Tosun in 1992. Eighteen years later, with no record activity having occurred,… Read More »

Law Offices of Robin Bresky Obtains Per Curiam Affirmance of Order Dismissing Former Husband’s Petition For Modification of Alimony

By Robin Bresky |

Rice v. Rice Case No. 4D10-2523 We represented a former wife whose trial counsel succeeded in getting her former husband’s petition for modification of alimony dismissed, as well as attorney’s fees as a sanction. The parties had divorced in 2005 and entered into a Marital Settlement Agreement whereby the former husband paid the former… Read More »

Dissolution, Adoption, and Jurisdiction: Fourth DCA Holds Family Court Retained Jurisdiction Despite Separate Adoption Order Terminating Father’s Rights

By Robin Bresky |

Baudanza v. Baudanza Case No. 4D10-4068 The parties divorced in 2006 and Former Husband was ordered to pay child support pursuant to the parties’ Marital Settlement Agreement. Former Wife later remarried, and the parties agreed to a modification whereby Former Husband would pay half of the original child support amount and Former Wife’s new… Read More »

A Legitimate Stranger: Fourth DCA Holds Non-Party Had Standing to Attack Fraudulently Obtained Judgment

By Robin Bresky |

Davis v. M&M Aircraft Acquisitions, Inc. Case No. 4D11-706 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order denying a non-party’s motion to vacate a final judgment. Robert Davis owned 40% of Aerovision, LLC, and Daniel McCue owned 60%. McCue sold his interest in Aerovision to M&M Aircraft. Davis then sought… Read More »