Though the Florida Legislature almost abrogated permanent alimony in Florida over the past several years, a recent decision from Florida’s 4th District Court of Appeal… Read More »Permanent Alimony Remains “Alive and Well” in Florida
On August 21, 2014, U.S. District Judge Robert L. Hinkle of Tallahassee ruled that Florida’s gay-marriage ban is, in fact, unconstitutional. This is the first decision rendered by a court of this State that actually has a statewide impact. This Federal Judge ordered the State of Florida to allow same sex couple to marry and to recognize legal same sex marriages performed out of state. The Florida Attorney General’s office has until September 22, 2014 to decide whether to bring this matter before the U.S. 11th Circuit Court of Appeals in Atlanta, GA. However, in the interim, Judge Hinkle did stay the effects of most of his ruling, pending appeal.Read More »Florida Federal Judge Has Ruled on the Ban of Same-Sex Marriages
As promised, the firm of Sidweber & Weintraub, P.A, is providing an update of Hahamovitch v. Hahamovitch, Case No. 4D11-3369 (FL Dist. 4 Ct. App., Jan. 8, 2014) pending before the Florida Supreme Court. As discussed in our prior blog, this case involves the validity and interpretation of a Prenuptial Agreement, and the issue of waiver of appreciation of a spouse’s non-marital and/or pre-marital assets.Read More »Status Update on the Florida Supreme Court case of Hahamovitch v. Hahamovitch
An award of attorney’s fees to a party in a matrimonial proceeding must meet the specific requirements of F.S. 61.16, Fla. Patient’s Comp. Fund. V. Rowe, 472 So.2d 1145 (Fla. 1985) and other legal precedent. Recently, Florida’s First District Court of Appeal reversed an award of attorney’s fees to the Wife, in Robert Mitchell v. Cynthia Mitchell, 2014 WL 2751058 (Fla. App. 1 Dist.). In this case, the appellate court found that the Trial Court erred in its award of attorney’s fees to the Wife, because the Trial Court failed to comply with Section 61.16 of the Florida Statutes (2013). When a Trial Court makes and award of attorney’s fees, there must be an explicit and stated finding as to the attorney’s hours expended, hourly rate and reasonableness of the fee.Read More »Attorney’s Fee Award
In the case of Hahamovitch v. Hahamovitch, Case No. 4D11-3369 (FL Dist. 4 Ct. App., Jan. 8, 2014) the Fourth District Court of Appeal requested that a controversial issue concerning the specific interpretation of Florida prenuptial agreements should be brought before and decided by the Florida Supreme Court. The specific and technical issue relates to a spouse’s right to claim an interest in the marital appreciation and growth of the other spouse’s assets, in light of certain waivers and language as contained in the Prenuptial Agreement previously executed by the parties. This case was eventually adjudicated by the 15th Judicial Circuit, Palm Beach County, with Sidweber & Weintraub, P.A. representing the Wife.Read More »Florida Supreme Court accepts Hahamovitch Prenuptial Agreement Case.