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