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Karen Weintraub

Attorney’s Fee Award

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

Conflicting Child Custody Jurisdiction Between the Florida State Courts and Tribal Courts

The Third District Court of Appeal recently entered a compelling ruling in Layla Billie v. Kevin Stier, 2014 WL 1613661 (Fla. App. 3 Dist.), regarding Tribal Court child custody jurisdiction. In that case, the Third District held that since the Tribal Court did not “substantially comply” with the basic procedural jurisdictional requirements as delineated by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), child custody jurisdiction must remain with the Florida Courts, and not in the Miccosukee Tribal Courts.Read More »Conflicting Child Custody Jurisdiction Between the Florida State Courts and Tribal Courts

Motion for Rehearing Deadlines

Upon the entry of certain orders or judgments, a Motion for Rehearing may be filed, if a party believes the Court has entered the underlying order in error. However, there are strict time deadlines to file the order, and it is critical to know the deadline to file such a motion for rehearing. If you do not comply with the deadline, and the Motion is filed late and/or untimely, the Motion shall not be considered by the Court.Read More »Motion for Rehearing Deadlines

Florida Supreme Court accepts Hahamovitch Prenuptial Agreement Case.

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.