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

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, the trustees...

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

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 wife alimony....

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

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 husband would...

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

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 a declaratory...

Guarding Due Process Rights in Guardianship: Fourth DCA Holds Timely Objection to Guardianship Plan Entitles Objector to a Hearing

Rothman-Browning v. Marshall Case No. 4D11-2079 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order approving a guardianship plan over objection from a co-trustee. The co-trustee had filed the objection exactly thirty days after the guardianship plan was filed. The trial court approved the guardianship plan despite the co-trustee’s objection. The trial court...

Fourth DCA Affirms Judgment for Homeowners Association Where Enforcement of Declaration Left to Association’s Discretion

Heath v. Bear Island Homeowners Association, Inc. Case No. 4D10-3779 The Fourth District Court of Appeal (“DCA”) reviewed a trial court’s final judgment in favor of the defendant homeowners association (“HOA”) and the HOA’s board member. Heath, the plaintiff, had filed suit against the defendants for injunctive relief to compel them to enforce the terms of...

Fourth DCA Settles Dispute over Collapsed Roof between J.C. Penny and Dillard’s

J.C. Penney Company, Inc. v. Dillard’s, Inc. Case No. 4D10-1770 JCPenney sued Dillard’s for damage to its store at the Turtle Creek Mall in Mississippi. In 2005, the roof over the Dillard’s store (which was adjacent to the JCP store) collapsed from Hurricane Katrina, severing a sprinkler main and causing uncontrolled water flow into the mall...

Can I Put Twenty Bucks On It?: Fourth DCA Answers “No” Regarding Substantial Child Support Arrearage

Hernandez v. Frontiero Case No. 4D10-4122 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order finding a father in contempt for failure to pay child support. The order also allowed the father to pay only $20 per month towards his total child support arrearage of $18,499.75. The Fourth DCA noted that pursuant to...

Fourth DCA Reverses and Remands Trial Court’s Directed Verdict Against Plaintiff

Westervelt v. Thyssenkrupp Elevator Corporation and Toscana North Condominium Association, Inc. Case No. 4D08-3037 Westervelt worked as a concierge at a Toscana condominium building. Westervelt was injured as a result of riding in a condominium elevator, which suddenly stopped while traveling from an upper floor to the lobby. Toscana had hired Thyssenkrupp to maintain and repair...

Order of Juvenile Detention Did Not Violate Florida Law

Fourth DCA: Trial Court Order of Juvenile Detention Pending Placement in Residential Program Did Not Violate Florida Law V.P. v. State Case No. 4D11-3001 The trial court adjudicated V.P. delinquent on a first-degree petit theft count, and revoked V.P.’s probation for counts of battery, second-degree petit theft, and grand theft. Pending placement in a moderate risk residential...