Monday, February 16, 2015

Child support, paternity testing, and artisan hummus with garlic, parsley, and chili powder on homemade, toasted-sunflower bread



Attorneys -- Discipline -- Failure to act with reasonable diligence and promptness in representing a client -- Conduct that is prejudicial to the administration of justice -- Referee's findings that, in responding to a notice of resentencing hearing by filing a “Motion to Continue Resentencing Hearing and Notice of Unavailability” to attend without indicating whether the state agreed to the continuance, submitting a copy directly to the presiding judge, or setting the motion for a hearing, and then choosing simply not to attend the hearing when it occurred as scheduled, attorney was guilty of violating Bar Rules, are approved -- Recommended punishment of public reprimand is disapproved in favor of public reprimand and ten days' suspension -- No merit to attorney's argument centered on the claim that the judge improperly scheduled the hearing -- Hearing had not been continued and attorney was required to appear on his client's behalf
THE FLORIDA BAR, Complainant, vs. DANIEL MARK COHEN, Respondent. Supreme Court of Florida.

Attorney's fees -- Appellate -- Frivolous appeal of trial court order imposing sanctions for fraud on court
JOHANNA FADDIS, Appellant, vs. THE CITY OF HOMESTEAD, et al., Appellees. 3rd District.

Child support -- Paternity testing -- It was a departure from the essential requirements of law to require parties to submit to paternity testing in a proceeding to establish child support obligation where father did not place child's paternity in controversy and good cause for paternity testing was not established
FLORIDA DEPARTMENT OF REVENUE by and on behalf of CIARA GAIL CORBITT, Petitioner, v. KYLE PATRICK ALLETAG, Respondent. 1st District.

Civil procedure -- Discovery -- Non-party accountant -- Accountant-client privilege -- Production of documents from accountant without first determining their privileged status through in camera review -- Where objection is made to issuance of subpoena duces tecum to accountant, deposition is no longer the only method available to obtain production of documents -- Court can rule on objections, and has discretion to fashion a process to deal with production of documents -- Petition for writ of certiorari seeking to prevent production of privileged documents is denied as moot, as court has provided a method for protection of privileged documents
VALERIE A. LYONS INDIVIDUALLY AND AS CO-TRUSTEE AND BENEFICIARY OF THE RICHARD C. LYONS AND NORMA W. LYONS 1998 DYNASTY TRUST; NORMA W. LYONS INDIVIDUALLY AND AS MANAGING PARTNER AND THE GENERAL PARTNER(S) OF LYONS FAMILY LIMITED PARTNERSHIP; and LYONS FAMILY LIMITED PARTNERSHIP, Petitioners, v. SANFORD D. LYONS INDIVIDUALLY AND AS CO-TRUSTEE OF THE RICHARD C. LYONS AND NORMA W. LYONS 1998 DYNASTY TRUST; TIMOTHY R. LYONS INDIVIDUALLY AND AS PURPORTED CO- TRUSTEE OF THE RICHARD C. LYONS AND NORMA W. LYONS 1998 DYNASTY TRUST; THE RICHARD C. LYONS AND NORMA W. LYONS 1998 DYNASTY TRUST; DOROTHY A. LYONS-HEFFNER; JOHN C. LYONS; and JOHN C. LYONS AND CAROL ANN WILLIAMS LYONS AS CO-TRUSTEES OF THE JOHN C. LYONS TRUST SEPTEMBER 2, 1988, Respondents. 4th District.

Contempt -- Dissolution of marriage -- Failure to pay family support arrearages -- Competent, substantial evidence supported trial court's findings that former husband failed to make support payments as required despite apparent ability to do so -- Record does not disclose calculations and evidence establishing commencement of arrearages, total unpaid balance, and computation of purge amount, and amount awarded exceeded the amount calculable on the record before appellate court and the amount recoverable based on former wife's pleadings -- Remand for further proceedings to substantiate net amount of any arrearage and purge requirement and to provide specific evidence supporting finding that former husband has present ability to pay purge amount
PATRICK WINTON, Appellant, vs. CANDICE SAFFER, Appellee. 3rd District.

Contracts -- Construction -- Third-party complaint by contractor who had been sued for defective construction of home against subcontractor, alleging that subcontractor had breached oral contract with contractor to install interior drywall in home by failing to properly install drywall -- Although one paragraph of complaint stated that subcontractor “performed its drywall work pursuant to the oral agreement,” other paragraphs sufficiently alleged that subcontractor breached contract by failing to properly install drywall -- Error to dismiss complaint with prejudice
RAY COUDRIET BUILDERS, INC., Appellant, v. R.K. EDWARDS, INC., et al., Appellees. 5th District.

Dissolution of marriage -- Alimony -- Modification -- Marital settlement agreement -- Trial court erred in ruling that mere presence of male tenant in former wife's residence amounted to “cohabitation with a male” within meaning of parties' marital settlement agreement, which provided for termination of alimony obligation in event wife cohabited with a male -- Finding of cohabitation requires more than mere presence of another person under payee spouse's roof -- Remand with instructions to enter amended order denying former husband's supplemental petition on the merits, to vacate finding that husband's obligation to pay alimony and to maintain life insurance as security for alimony terminated automatically on date male tenant began living in wife's house, and to vacate portion of order directing wife to repay alimony payments received after male became tenant -- Competent, substantial evidence supported trial court's findings that former wife was not engaged in a “supportive relationship” within meaning of statute and that there was no substantial, permanent change in circumstances of the parties that would support a reduction or termination of alimony obligation
DARLENE D. ATKINSON, Appellant/Cross-Appellee, v. RONALD L. ATKINSON, Appellee/Cross-Appellant. 2nd District.

Dissolution of marriage -- Child custody -- Modification -- Trial court abused discretion by transferring custody of children to former wife where former wife failed to plead and prove substantial change in circumstances since last custody determination -- It was also improper to modify custody at a hearing that was not noticed for a modification proceeding
JEROME L. BAKER, Appellant, v. SABRINA J. BAKER A/K/A SABRINA GRAY, Appellee. 5th District.

Dissolution of marriage -- Child custody -- Trial court did not err in finding that modification of timesharing was warranted by change in circumstances and best interest of children -- Child support -- Income -- In calculating mother's child support obligation, trial court improperly factored in father's payment of alimony where father failed to make the alimony payments -- Alimony -- Imputed income -- In denying former husband's request to modify alimony, trial court improperly imputed income to former husband without delineating the basis for the imputed income
ELIZABETH CHAMBERLAIN, Appellant, v. JOHN DOUGLAS EISINGER, Appellee. 4th District.




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