Dissolution of marriage -- Child custody -- Relocation of
children -- Trial court abused its discretion by permitting mother to relocate
with child to a different county without making oral or written findings, based
on statutory factors involved in relocation decisions -- Child support --
Finding that mother was unemployed because of an agreement between the parties
that she would not work until child was old enough to go to school full time
was not supported by evidence -- However, trial court was not required to
impute income to mother where evidence supported conclusion that mother was not
voluntarily unemployed -- Life insurance -- Security for child support --
Requirement that husband obtain two million dollars in life insurance to cover
monetary needs of child in the event husband became permanently disabled,
retired, or passed away was unsupported by evidence as to cost and availability
of insurance or need for insurance in that amount to secure child support
obligation -- Moreover, there is no authority to order father to include
insurance for disability and retirement protection for child
EDWARD ECKERT, Appellant, v. YVONNE ECKERT, Appellee. 4th District.
Dissolution of marriage -- Contempt -- Error to hold former
wife in contempt because she prevented former husband from having normal and
usual routine contact with parties' sons where there was no court order
requiring former wife to provide former husband with normal and usual routine
contact -- Error to require former wife to pay attorney's fees of former
husband incurred in contempt proceedings without a determination of need and
ability to pay
SUSAN HARDMAN, Former Wife, Appellant, v. HARRY KOSLOWSKI,
Former Husband, Appellee. 1st District.
Mortgage foreclosure -- Standing -- Error to enter summary
judgment of foreclosure where plaintiff failed to establish standing to
foreclose and failed to refute defendant's affirmative defense of failure to
establish standing -- Plaintiff did not establish standing where assignment of
mortgage to plaintiff from initial lender did not purport to assign mortgage
note, and original note filed with court did not include a special endorsement
to plaintiff or a blank endorsement -- Possession of original note by plaintiff
was insufficient to establish standing where note was not a bearer instrument
and note was not endorsed in blank or otherwise assigned to plaintiff
JAMES K. LINDSEY, Appellant, v. WELLS FARGO BANK, N.A., AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2007-OPT1,
JULIE ANN MACDONALD UNKNOWN, SPOUSE OF JULIE ANN MACDONALD; COUNTY CREEK V111
HOMEOWNERS ASSOCIATION, INC.; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT
PROPERTY, Appellees. 1st District.
Torts -- Cruise lines -- Slip and fall on cruise ship -- New
trial -- Attorney misconduct -- Trial court erred in awarding plaintiff a new
trial based on defense counsel's misconduct and improper argument where
misconduct was unpreserved and insufficient to meet standard for fundamental
error -- Although defense counsel's insinuation that plaintiff's counsel had
taken advantage of friendship with physician who treated plaintiff under a
letter of protection to script the physician's testimony at trial was improper,
there was no showing that defense counsel's conduct and comments were harmful
or that the conduct was incurable
CARNIVAL CORPORATION, a foreign corporation,
Appellant, v. CHERYL JIMENEZ, Appellee. 2nd District.The Law Lady. For more info about us, click here. To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest.
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