First District Court Upholds Prospective Modification of Administrative Support Order

This week the First District Court of Appeal upheld the lower tribunal’s decision in DOR ex rel Proveaue v. Williams, a case in which the Court prospectively modified an administrative support order, and the Department of Revenue claimed they alone had the right to do so.  The Department claimed that the circuit court had no right to modify administrative support orders, which argument was rejected by the First.

Third District Reverses Reimbursement Award

In Edge v. Edge, the Third District Court of Appeal reversed the lower court’s ruling yesterday which granted the Former Wife reimbursement for taxes paid on alimony over a period of seven years.  While the Former Wife successfully took exception to the Magistrate’s finding of laches, she did not take exception to the finding of unclean hands.  As this was a separate ground for denial, and was not the subject of the Former Wife’s exceptions, the Former Husband was found to be entitled to judgment based on unclean hands.

Fifth District Rejects Refusal to Hold Hearing on Modification of Injunction

In McFarr v. McKee, the Fifth District Court of Appeal this week overturned a lower tribunal’s ruling refusing to hold a hearing on the respondent’s request to modify an injunction on the basis of a substantial change in circumstances.  Due process required a hearing be allowed, held the Fifth.

Fifth District Court Rejects Denial of Injunction as Denial of Due Process

In Niederkorn v. Trivino, the Fifth District Court rejected the lower tribunal’s denial of an injunction this week based on the Court’s refusal to permit cross examination of a witness by the respondent.

Fifth District Upholds Rejection of Mediated Settlement Agreement

In Jones v. Jones, the Fifth District Court of Appeals yesterday affirmed the lower tribunal’s finding setting aside a mediated settlement agreement on the apparent grounds of fraud, in that the Husband failed to disclose, intentionally, the existence of a retirement account and its associated value.  However, it was the lack of any record that drove the finding, rather than any examination of the facts of the case.

Second District Remembers Lord Mansfield’s Rule

In a decision reminiscent of Lord Mansfield’s rule, the Second District yesterday overturned a finding that a putative biological father had standing to challenge the paternity of a child born to married parents who both objected, in J.S. and C.L. v. S.M.M..

Second District Rejects Rotating School Choice

The Second District Court ruled this week in Otto-Jones v. Jones, rejecting the lower tribunal’s choice to have a minor child, in response to the parents inability to choose a school, attend one school for half the year, and another for the second half.  The absence of evidence of the child’s best interest being served by this arrangement was the deciding factor.