Inequitable Distribution of Assets Resolved – Win at the Fourth District Court of Appeal:

Bell v. Bell This was a divorce case involving several issues regarding the parties’ marital and non-marital assets. Our client appealed and the opposing party cross appealed. Our client’s main issues were the trial court’s failure to (1) award her half of the husband’s accounts receivable from loans he made to his businesses; and (2)...

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...

Finding of Contempt for Failure to Pay Medical Expenses Improper Where Good Faith Dispute Existed as to Whether Procedure Was Reasonable and Necessary

Lustgarten v. Lustgarten, 4D09-4404 June 22, 2011 The parties entered into a settlement agreement that required the former husband, who is a physician, to pay former wife’s Medicare insurance premiums and medical expenses not covered by Medicare. Former wife later brought a motion for contempt, alleging that the former husband refused to pay for a medically...

Monetary Damages Not Available to Plaintiffs Under Firefighter’s Bill of Rights

Curtis v. City of West Palm Beach, 4D10-876 June 22, 2011 The Fourth District Court of Appeal addressed the issue of whether a firefighter could claim monetary damages under the Firefighter’s Bill of Rights (“FBR”). The firefighter sought monetary relief for alleged violations of the FBR by the City of West Palm Beach in imposing disciplinary...

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...

Statute of Limitations for a Legal Malpractice Action Begins When the Injured Party Knows or Should Know of the Injury or the Negligent Act

McLeod v. Elk, Bankier, Christu, P.A., 4D10 – 37 June 8, 2011 The Fourth District addressed the issue of whether the statute of limitations had expired before a claim for legal practice was filed. In 1998, Robert McLeod hired Thomas Tew as his attorney in order to sue Fidelity Investments (“Fidelity”) for an alleged error that...

Extended Turkish Vacation: Fourth DCA Affirms Trial Court’s Exercise of “Home State” Jurisdiction to Make Custody Determination Despite Children’s Absence From Florida for Seven Months

Sarpel v. Eflanli, 4D09-4828 & 4D10-3146 June 1, 2011 The Fourth District recently addressed a trial court’s jurisdiction to make a custody ruling under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The father had Turkish and American citizenship, and the mother was a Turkish citizen. The family members were longtime residents of Florida. On...

Circumstantial Evidence Must Rebut Any Reasonable Hypothesis of Innocence to Withstand a Motion For Judgment of Dismissal

D.F.J. v. State of Florida, 4D10-1763 May 25, 2011 The Fourth District addressed a juvenile defendant’s appeal of conviction for aggravated battery and robbery with a weapon. The evidence showed that the defendant and codefendant were present in the victim’s backyard, drinking beer with the victim and another man. At some point, the victim was grabbed...

Fourth DCA Holds Order Dismissing Action for Failure to Attend Case Management Conference Insufficient Without Finding of “Willful and Contumacious Conduct”

Dedmon and Kelly v. Kelly, 4D09-3572 May 18, 2011 The Fourth District wrote to address an appeal from an order of dismissal of appellants’ complaint for failure to appear at a case management conference. A clerk’s default was entered in favor of appellants, and the appellee’s motion to set aside default was denied by the magistrate...