First District Court Reverses Rejection of MSA

In Colley v. Colley, the lower court issued a Final Judgment of Dissolution of Marriage which set aside the parties’ Marital Settlement Agreement as vague and in part violating public policy.  On review, the First District agreed with the former wife that there was no showing of fraud, and that any vagueness in the agreement could be solved by the Court’s interpretation.  Likewise, if part of the agreement violates public policy, only that part could be declared invalid.  Because the failure of the agreement to resolve every issue is not a reason, according to the First District, to invalidate the entire MSA, reversal was required with the Court instructed to apply the agreement as valid.

Fifth District Court Reverses Permanent Injunction

In the case of Ricks v. Dodier, the lower court issued a Final Judgment of Injunction for Protection Against Domestic Violence based on the entry of a stipulation and without a full evidentiary hearing.  On appeal, the Fifth District Court of Appeal determined that the stipulation in fact only provided for the extension of the temporary injunction previously entered.  As such, reversal was required.

Fifth District Reverses Insufficient Modification

The Fifth District Court of Appeal reversed today in Scott v. Scott, finding that the downward modification of alimony granted to the Former Husband was insufficient.  The Former Husband had suffered two heart attacks and a significant reduction in income, but the lower court clearly took issue with some of the expenses listed in the Former Husband’s financial affidavit, including a $500.00 per month gas expense despite having no automobile or employment, and as a result reduced a $700.00 per month alimony payment to $500.00 per month.  On review, the Fifth District found that, even without the expenses which the lower court appeared skeptical of, the Former Husband’s other expenses still do not permit him to pay $500.00 per month.  On remand the lower court is to further reduce the obligation to a level both parties can meet their needs upon.

Fifth District Reverses Final Judgment

The Fifth District Court of Appeal reversed today in Hernandez v. Hernandez, both as to equitable distribution and as to alimony.  First, while it was argued that the Court erred in using the tax assessor’s value for the value of one parcel of real property, the Fifth District found that, in fact, the lower court had first reviewed each party’s position as to value, and then found that the assessed value was within the range, and therefore closest to fair market.  However, the lower court was reversed for failing to identify, value, and deduct from the value of real property an existing bridge loan.  Finally, while the lower court was within its discretion to award alimony to the Wife, the Fifth District found that the award was made based on an incorrect and out of date financial affidavit for the Wife.  As such, on remand, the lower court was instructed to make the determination again based on the more accurate affidavit.

First District Reverses Denial of Modification of Injunction

The First District Court of Appeal reversed yesterday in Goodwin v. Whitley, a case in which the lower tribunal denied a motion seeking to modify the terms of an injunction against repeat violence after taking four words of testimony from the petitioner, and none from the moving party.  The First District ruled that the Appellant was entitled to cross-examine the Appellee, to testify, and to present argument to the court, and denying that opportunity to him denied him due process as well.  On remand a full evidentiary hearing is required.

Fourth District Reverses Denial of Petition for Injunction

The Fourth District Court ruled today in Hernandez v. Silverman, a case in which the Court below denied the petition without conducting a full evidentiary hearing.  The Fourth District ruled that, as the allegations were pled with sufficient specificity and additional evidence given at hearing might have justified the injunction, the hearing was required.  On remand the lower court is required to hold a full evidentiary hearing.

Fourth District Reverses Order Lacking Jurisdiction

The Fourth District Court of Appeal ruled yesterday in Campbell v. Campbell, a case in which the lower court entered an order modifying the parties’ parenting plan, and then vacated it while it was on appeal.  The Fourth District Court found that the lower court lacked jurisdiction to vacate its Modification Order while an appeal of that order was still pending.  As the Former Wife voluntarily dismissed her appeal in apparent reliance on the order now reversed, the issue is closed for further review.