Wednesday, November 24, 2010

Denial of Continuance Rejected by 3d DCA

The Third District Court today reversed the lower Court’s denial of a continuance in Quintero v. Kenyon, rejecting the trial and final judgment of paternity that followed as well.  The Third District Court relied on the facts that Mother’s counsel had withdrawn “on the eve of trial,” and there was no apparent showing of prejudice. 

Circuit Court Reversed in Administrative Support Action

The Fourth District Court today reversed a lower Court’s ruling in Dept. of Revenue v. Wardlaw in turn reversing a final judgment in an administrative support action.  The Fourth District held that jurisdiction to review final administrative support orders lies with the District, and not the Circuit Courts.

Fourth District Court Reverses Fee Award

The Fourth District Court of Appeal issued its opinion today in Phillips v. Ford f/k/a Phillips, in so doing reversing the lower Court’s award of fees and costs to the Former Wife on the basis that, while a finding was made as to the Former Husband’s superior ability to pay, no finding was made as to the Former Wife’s need, or her financial position.  The Fourth District reversed, citing Baime v. Baime, 850 So.2d 606 (Fla. 4th DCA 2003) as analogous, in that in both cases the Court was required by statute to consider the financial resources available to both parties.

Tuesday, November 16, 2010

No Easy Road to Attorneys’ Fees

The Fourth District Court issued an opinion last week in Campbell v. Campbell, in so doing reversing a lower court ruling granting fees and costs to the Appellee.  In short, even when a default is in place, the lower tribunal will always be required to make sufficient findings to justify any award of fees.

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