Schutz & White Marital and Family Law Case Briefs
In the recent case of Bair v. Bair, 2017, the divorcing couple argued over the valuation of the marital portion of Mr. Bair’s separate minority interest in a boat dealership. During the applicable time frame, real property owned by the company had its value significantly drop. When defining marital assets in the State of Florida, the law “includes the appreciation in value of nonmarital assets resulting from the efforts of either party during the marriage.” In Bair v. Bair, the trial court had to decide the total amount of appreciation in the company’s worth for the duration of the marriage,...
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Schmidt v. Schmidt (First District Court of Appeal- October 29, 2014) Level of Interest: Issue: 1. Whether Former Husband is entitled to a new final hearing because of the delay between the trial court’s oral pronouncements and final judgment; 2. Whether the amount of permanent periodic alimony is supported by the evidence; 3. Whether the attorney’s fees Former Husband was ordered to pay is supported by the evidence; 4. Whether the court abused its discretion when it ordered the Former Husband to procure and maintain a $500,000 life insurance policy to secure his alimony and child support obligations. Rule: 1. Discrepancies in a...
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Goslin v. Priesser (First District Court of Appeal- October 29, 2014) Level of Interest: Issue: Does the appellate court have jurisdiction to review a non-final order involving a motion to compel an independent psychosexual evaluation as part of a dispute over timesharing? Rule: The appellate court does not have jurisdiction to review an order denying a motion to compel an evaluation by appeal if the order does not determine the parties’ timesharing rights, nor does the appellate court have jurisdiction to review the order by certiorari. Analysis: The appellate court does not have jurisdiction over this matter because the lower court’s order did not determine...
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