Fourth District Reverses Final Judgment

The Fourth District Court ruled yesterday in Garcia-Lawson v. Lawson, reversing the Final Judgment but permitting the lower court on remand to enter the same Final Judgment.  This was due to the entry of that judgment while two appeals, noted by the Fourth District to have been frivolous and later dismissed, were pending.  As such, the lower court lacked jurisdiction to enter a final order.

Second District Reverses Contempt

The Second District Court today reversed an order holding the Former Husband in contempt in Sauriol v. Sauriol, finding that the lower court’s sanction was punitive, and not in the nature of a civil contempt purge, and that the required steps for entry of a criminal contempt order were not met.

Fifth District Reverses Contempt Finding

The Fifth District Court of Appeal ruled today in McClune v. McClune, finding that the lower court erred in holding the Former Husband in contempt of an agreement containing a latent ambiguity as to the method of distribution of stock and retirement assets.  The Court remanded for the lower court to hold an evidentiary hearing to determine the true meaning of the parties’ agreement in that regard.

Fifth District Rejects Oral Parenting Plan

The Fifth District Court of Appeal ruled today in Stoothoff v. Hobdy, in so doing reversing the lower tribunal for finding a valid and binding settlement agreement existed regarding timesharing with minor children.  The Fifth District determined that the parties intended for a full written agreement to be made, and that agreement was not completed.

First DCA Denies Petition for Writ of Cert.

The First District Court of Appeal dismissed half of a Petition for Writ of Certoriari today in Brown v. Brown, finding that the Petitioner had failed to show irreparable injury as to two of his claims, and denied the remainder of the petition on the merits.  The failure to prove jurisdiction was largely based on the lower tribunal’s decision to withhold sanctions for the contempt pending any future violations.

First District Reverses Final Judgment

The First District Court of Appeal reversed in part today in Justice v. Justice, finding internal inconsistency requiring clarification in that the Final Judgment referenced one timesharing schedule while attaching a different one.  Error was found in the lower tribunal’s failure to make findings as to the award of permanent periodic alimony made to the Former Wife, as required by Florida Statute 61.08(2), including those as to need, ability, and earning capacity.  Error was also found in the lower court’s failure to identify, value, and distribute various assets.  First, the lower tribunal was reversed for not ruling on the Former Husband’s claim that certain assets were non-marital, despite the Former Wife’s claim on appeal that the assets were already in his possession and too trivial to warrant ruling, and second, the lower court was reversed for not specifically identifying property as it was to be divided.

Second District Reverses Denial of Fees

The Second District Court ruled today in DiNardo v. DiNardo regarding the lower tribunal’s orders on each party’s respective motion for attorneys’ fees filed immediately following entry of a Final Judgment (but not heard for three years).  The Husband’s request for fees under Rosen was properly denied, held the Court, in that the conduct complained of did not rise to a level sufficient to warrant such an award.  However, the lower court’s denial of statutory fees to the Wife was reversed on the basis that the tribunal improperly considered a lower income for the Husband than actual earnings suggested.  By failing to consider regular bonuses received by the Husband, the lower court was found to have not taken into account all financial resources available to each party, and was ordered to do so on remand.