Smith Family Law Case Law Update: Week of October 23, 2017
Duncan v. Brickman: Florida 2nd DCA, October 25, 2017:
A simply disastrous case from the stand point of delays in magistrate reports and orders. The result was overlapping rulings that negated one another. However, as a matter of law, a trial court cannot modify a custody order as a sanction for contempt. Further, the contempt order itself, rendered three years after the underlying evidentiary hearing cannot stand as a matter of judicial discretion (which is the typical deference given to trial courts with regard to contempt orders).
West v. West: Florida 5th DCA, October 27, 2017:
Trial court adoption one party’s proposed final judgment was error. In this case the court did not allow closing arguments but simply had the party’s submit proposed final judgments. While doing so is not uncommon, it was uncommon for husband to submit his proposed final judgment without copying wife. This did not allow her to make corrections or objections. Further, as the court did not make any oral rulings or findings, the simple adoption of one party’s judgment without any alteration when the final judgment had portions not supported by evidence was enough to remand for a completely new final judgment.
Posted by Roy Smith on Oct 30th 2017
