Another big appellate win for partner, Mark Baseman.

In this one, the 5th DCA held the trial court erroneously modified a settlement agreement and final judgment under the guise of “clarifying” it. It also held that when a trial court denies a motion for rehearing and there is no appeal, the trial court errs by granting relief at a subsequent hearing based on […]

Selected Family Law Appellate Update for week ending 11/10/17

Lancaster v. Lancaster (First DCA) The husband and wife entered into a settlement agreement that provided that neither would owe child support to the other.  The wife appealed that trial court’s ratification of this agreement in its final judgment. The First District reiterated that parents may not contract away or waive the rights of their […]

Selected Family Law Appellate Update for week ending 10/13/17

Broga v. Broga (First DCA) The trial court imputed the husband an income of $80,000 per year on the assumption that he could secure a job as a corporate pilot.  The court based the husband’s child support and an award of attorney’s fees on this amount.  The District Court reversed. The husband was currently working […]

Selected Family Law Appellate Update for week ending 10/6/17

Perkins v. Simmonds (Fourth DCA) Perkins filed a petition to establish paternity, which the trial court dismissed for lack of standing after finding that the child in question was born to an intact marriage.  Perkins appealed and the Fourth DCA reversed. At hearing, the trial court found that Perkins had been involved in this child’s […]

Selected Family Law Appellate Update for week ending 9/29/17

Lukacs v. Ice (First DCA) The trial judge in this paternity case had also presided over the father’s recent divorce.  While hearing evidence relating to the father’s propensity for violence, the judge referenced similar accusations in the father’s discover case.  The father argued that the judge should have been disqualified as a result thereof.  The […]

Selected Family Law Appellate Update for week ending 9/22/17

Carson v. Carson (Fifth DCA) The father sought to hold the mother in contempt for denying his timesharing.  The trial court granted the father’s motion and ordered make-up timesharing, but it also ordered that both parties complete an 8-week parenting and divorce court.  The father appealed the portion of the order requiring that he submit […]

Selected Family Law Appellate Update for week ending 9/6/17

Pulkkinen v. Pulkkinen (First DCA) The parties were originally divorced in Michigan.  That original decree provided that if certain criteria were met, the mother (who received child support from the father) would need to give the father a credit toward his future child support obligations.  The mother ultimately refused to do so, and the father […]

Selected Family Law Appellate Update for week ending 4/21/17

C.J.I.-R. v. C.M. (Second DCA, April 19, 2017) At trial the mother introduced the father’s financial affidavit which showed, among other things, his gross income and monthly tax liability.  The father testified that the affidavit was accurate and the mother did not cross examine nor put on contradictory evidence regarding the father’s income.  Despite this, […]