Tag Archives: reversed

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

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »

Revocation of Probation Reversed Where Warrant Fails to Allege Violation

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »