45 Fla. L. Weekly D509a Dissolution of marriage — Attorneys — Sanctions — Trial court erred in ordering counsel who failed to appear for scheduled divorce trial to pay sum to opposing counsel reflecting costs of attorney’s fees incurred by opposing counsel in absence of express finding of bad faith and without affording counsel notice […]
Articles
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 responsibility to instead award former wife sole parental responsibility with ultimate decision-making regarding minor child without required statutory finding that shared parental responsibility would be detrimental to child
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 […]
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 […]