FLORIDA FAMILY LAW UPDATE: Week of February 13, 2017
Florida Family Law Case Results
LeDoux-Nottingham v. Downs: Fla Sup. Ct. February 16, 2017:
Florida Supreme Court found that it was improper to invalidate an out-of-state judgment that allowed for grandparent visitation when, after the death of former husband, mother moved to Florida which does not recognize grandparent visitation rights. Any possible Florida public policy exception would be irrelevant as there is no public policy exception to full faith and credit due final judgments of sister states. Case embraced the 5th DCA’s position while rejecting the positions of the 4th and 2nd DCAs.
Ramadan v. Ramadan: 2nd DCA February 17, 2017:
While a trial court’s decision to grant or deny a request for continuance of trial should not be set aside unless there was an abuse of discretion, in this case the 2nd DCA found enough to show such abuse of discretion. The case had been bifurcated wherein the divorce was granted and a trial was set as to the remaining factors of equitable distribution, alimony, attorney’s fees and costs. Two months before trial on the remaining issues, Wife requested continuance as Husband had not provided financial documents necessary for forensic examination and further requested monies for attorney’s fees and costs. The trial court denied these requests. One month before trial Wife’s counsel was allowed to withdraw. Two weeks later Wife secured new LIMITED counsel to reargue for continuation, needs for records, attorney’s fees and costs. These requests were denied again. As a result Wife represented herself at the final hearing telephonically. The Court would not entertain her additional requests for continuation. The trial court also failed to advise Wife of her ability to represent herself, testify and put forth evidence. As a result Husband was given a directed verdict. Again, these factors combined represented an abuse of discretion by the trial court and a new trial was ordered by the 2nd DCA.
Posted by Roy Smith on Feb 20th 2017
