SMITH FAMILY FLORIDA CASE LAW UPDATE: Week of January 8, 2018:
Lopez v. Hall: Fla. Sup. Ct, January 11, 2018:
Florida Supreme Court rules that actions for dating, repeat, and sexual violence injunctions (under Florida Statutes 784.046) are “civil proceedings or actions” and therefore can trigger 57.105 fees whether brought after the 21 day safe harbor or upon the court’s own initiative.
Wohlberg v. Conner: Fla 4th DCA, January 10, 2018:
Case was remanded to trial court as agreement that the parties would automatically modify to 5/50 timesharing if Father exercised 70/30 timesharing for 6 consecutive months was ambiguous. More specifically, the agreement did not specify if the 6-month period was the period immediately after the judgment or any 6 month period occurring afterward. A hearing should have been held allowing extrinsic evidence to determine the parties’ intentions.
Posted by Roy Smith on Jan 16th 2018
