45 Fla. L. Weekly D482a Dissolution of marriage — Child custody — Modification — Attorney’s fees — Stipulations — Trial court erred by awarding former wife’s attorney’s fees from date on which she filed her modification petition through trial, rather than from a stipulated date through trial — Trial court erred by modifying shared parental […]
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Dissolution of marriage — Settlement agreement — Alimony — Modification — Amount — Need — Imputed income — Trial court’s imputation of income to former wife when determining amount of modified alimony was in contravention of terms of parties’ marital settlement agreement in which former husband agreed to pay unemployed wife a specific amount of durational alimony for 8 years, modifiable if husband became involuntarily unemployed, and did not contemplate or require wife to seek employment after the dissolution of marriage
45 Fla. L. Weekly D501a Dissolution of marriage — Settlement agreement — Alimony — Modification — Amount — Need — Imputed income — Trial court’s imputation of income to former wife when determining amount of modified alimony was in contravention of terms of parties’ marital settlement agreement in which former husband agreed to pay unemployed […]
Dissolution of marriage — Attorney’s fees — Trial court erred in denying wife’s motion for attorney’s fees without making findings of fact
45 Fla. L. Weekly D485a Dissolution of marriage — Attorney’s fees — Trial court erred in denying wife’s motion for attorney’s fees without making findings of fact JEFFREY S. BENTRIM, Appellant, v. ANGELA A. BENTRIM, Appellee. 4th District. Case No. 4D18-2620. March 4, 2020. Cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm […]
Torts — Negligence — Infliction of emotional distress — Funeral home — Loss of cremated remains of miscarried baby — Impact rule — Trial court did not err by granting summary judgment in favor of funeral home on ground that recovery was barred because parents suffered no physical impact or physical manifestation of their emotional distress — Trial court did not err in finding, as matter of law, that summary judgment evidence would not support a finding of willful, wanton, malicious, or outrageous behavior on part of defendant
45 Fla. L. Weekly D540b Torts — Negligence — Infliction of emotional distress — Funeral home — Loss of cremated remains of miscarried baby — Impact rule — Trial court did not err by granting summary judgment in favor of funeral home on ground that recovery was barred because parents suffered no physical impact or […]
Torts — Automobile accident — Collision with motorcycle — Trial court abused in granting new trial on basis that jury’s verdict finding no negligence on part of defendant was against manifest weight of evidence — Trial court’s finding that it was undisputed that defendant was liable for accident was not supported by trial record — Undisputed fact that defendant’s lane change resulted in collision with plaintiff’s motorcycle did not, by itself, make it undisputed that defendant’s lane change entailed a failure to exercise reasonable care — Remand with instructions to reinstate jury’s verdict
45 Fla. L. Weekly D563a Torts — Automobile accident — Collision with motorcycle — Trial court abused in granting new trial on basis that jury’s verdict finding no negligence on part of defendant was against manifest weight of evidence — Trial court’s finding that it was undisputed that defendant was liable for accident was not […]