The Smith Family Law Florida Case Law Update: Week of January 1, 2018
The Smith Family Law Florida Case Law Update: Week of January 1, 2018.
HAPPY NEW YEAR!!!
Robinson v. Robinson: Fla. 1st DCA, January 3, 2018:
Trial court’s denial of former husband’s motion to set aside mediated settlement agreement and judgment adopting agreement was upheld. Former Wife utilized her possession of pictures of former husband to coerce agreement. However, former husband’s claim for intrinsic fraud had to be brought within one year (former husband waited 2 ½ years). Trial court result was correct and therefore upheld under “tipsy coachman” rule even though the basis it utilized (a venue issue) was incorrect.
D.O.R. v. Augustin: Fla. 3rd DCA, January 3, 2018:
Lower court’s order disestablishing paternity was reversed. Legal father provided evidence of a paternity test showing he was not the father. Paternity was established in 2013. Father testified that he began doubting paternity in 2009 after the DNA test. However Florida Statutes 742.18 requires the satisfaction of seven factors including “newly discovered evidence relating to the paternity of the child [that] has come to the petitioner’s knowledge since the initial paternity determination” and that a scientific test to show probability of paternity was properly conducted.
Arancibia v. Castillo: Fla 3rd DCA, January 3, 2018:
Lower court had jurisdiction to vacate order of dismissal for lack of prosecution that was incorrectly entered. The dismissal did not divest the lower court of jurisdiction to correct its error by vacating the order.
McNulty v. Bowser: Fla. 5th DCA, January 5, 2018: (IMPORTANT! Change in precedent.)
The 5th DCA chose to recede from its opinion in Starkey v. Linn (which provided that Florida Statute 742.045 does not authorize or allow an award of appellate attorney’s fees in paternity actions) finding that a party could be entitled to such appellate fees under the statute if the party can establish need and the other party’s ability to pay.
Posted by Roy Smith on Jan 09th 2018
