Smith Family Law Update: Week of October 16, 2017
Hodge v. Hodge: Florida 5th DCA, October 20, 2017:
On a second appeal, the 5th DCA found that the trial court again misapplied the Kaaa factors when determining the marital value of a premarital property. As such, Wife's share in the property would increase and the investment income from said asset would also necessarily increase requiring a recalculation of alimony for wife.
Lovejoy v. Poole: Florida 5th DCA, October 20, 2017:
Trial court's reliance on Pyne v. Black to dismiss a motion to enforce child support was error. Trial court's denial of standing based on Pyne ignored that the only standing issue in Pyne dealt with post-majority child support. Further, the trial court, unlike in Pyne, did not allow an evidentiary hearing before dismissing the motion.
Smith v. Smith: Florida 4th DCA, October 18, 2017:
Remand from the Florida Supreme Court which noted that although the marriage was invalid as it stood the parties are not foreclosed from seeking court approval in further proceedings.
Fuller v. Sandler: Florida 3rd DCA, October 18, 2017:
"Stay away" orders are not appealable as they are nonfinal orders pending an evidentiary hearing for injunction.
Scudder v. Scudder: Florida 2nd DCA, October 20, 2017:
While Wife's challenge of Final Judgment of Dissolution adopting Marital Settlement Agreement, and Parenting Plan that she agreed to may ultimately be successful based upon both parties essentially lying to the Florida court so that the Florida court could initially take jurisdiction (as subject matter jurisdiction cannot be conferred by waiver, acquiescence, or agreement of the parties), the issue had to be remanded to the lower court as an evidentiary hearing had not yet been held on the matter.
Posted by Roy Smith on Oct 23rd 2017
