The Second District Court ruled yesterday in Weissman v. Weissman, granting in part the Petitioner’s Petition for Writ of Certiorari regarding the lower court’s emergency ex parte order which denied him all timesharing for a period of 90 days. The Court ruled that, while extraordinary circumstances justified the remainder of the lower court’s emergency order, there were no such circumstances justifying a denial of timesharing, and more importantly there was absolutely no notice allowed to the Petitioner prior to the ruling on that point. As a result of that denial of procedural due process to the Petitioner, the Court granted cert as to that issue, and quashed the no-contact provision of the order.
Thursday, December 13, 2012
The First District Court of Appeal ruled Monday in Therriault v. Therriault, first affirming the lower court’s award of permanent alimony despite the “moderate” term of the marriage. However, the First District was compelled to reverse the award of life insurance as security for that alimony in that the lower court failed to make the requisite findings regarding availability and cost of the insurance, ability to pay by the former husband, and the special circumstances warranting security for the support award, such as a spouse in poor health, one in arrears, or the like.