Third District Reverses Dismissal for Failure to Serve

The Third District Court ruled today in Dolan v. Dolan, and reversed the lower tribunal’s dismissal of an amended petition for modification as a result of a failure to serve the former wife with that pleading.   The Third District Court found that the former wife had already waived the insufficiency of service claim she later prevailed upon, and that the former husband was not required to preserve that issue for appeal through a motion for rehearing.

Fourth District Court Reverses Final Judgment

The Fourth District Court of Appeal reversed the Final Judgment today in Preudhomme v. Bailey, and while the bulk of that Judgment was affirmed on the basis of credibility determinations, the Court did reverse on some grounds.  First, the Judgment was overturned for error in determining which property was marital and non-marital.  In addition, the lower court, which provided limited and restricted visitation to the wife, was found to have erred in limiting any attempt to modify that parenting plan until fifty-two weeks of individual therapy was completed, along with twenty-six weeks of joint therapy with the children.  That limitation was found to be excessive in that it prohibited modification even if it were in the best interests of the children, who wish to see their mother.

Fourth District Court of Appeal Rejects Conversion Claim

The Fourth District Court of Appeal ruled today in MacLeod v. MacLeod, and reversed the lower court’s determination as to the disposition of a certain parcel of real property.  In short, the Court ruled that residing in and making improvements to a non-marital home does not “convert” it to being marital property.  The Court did leave open, however, the issue of the value of any marital appreciation value caused by expenditure of marital funds on the property, to be determined on remand.

Fifth District Reverses Termination of Parental Rights Under Indian Child Welfare Act

In G.L. v. D.C.F., the Fifth District ruled today that the lower tribunal erred when it failed to provide notice under the Indian Child Welfare Act of a pending termination of parental rights to the appropriate tribal representatives.  While the issue was not raised as error below, failure to follow the ICWA was found to preempt the traditional law on preservation of error.

Second District Reverses Injunction

The Second District Court of Appeal reversed today in Barile v. Gayheart, a case in which the lower tribunal treated an insufficient petition for injunction against repeat violence as, instead, a petition for a domestic violence injunction.  The trial court’s switch resulted in a denial of due process to the respondent, resulting in reversal.

First DCA Reverses in Administrative Support Action

The First District Court of Appeal ruled today in DOR ex rel Rambert v. Williams, and reversed the lower court’s deviation from support based on a verbal parenting plan which was not court authorized.  Essentially, the First District found that only a written, authorized parenting plan could, by statute, justify a deviation.

First District Court Reverses Injunction

The First District Court of Appeal reversed today in Achurra v. Achurra, a case in which the lower tribunal entered a permanent injunction against domestic violence without first holding an evidentiary hearing on the allegations.  As a result of the lack of any evidentiary hearing on the matter, the District Court was forced to consider a case where the Petitioner presented no evidence to meet her initial burden of proving entitlement to relief.