Firm Shield

Firm Shield

Friday, March 13, 2015

March 2013 Update: Clear Error, Clear Error, CLEAR ERROR!!!

Solache v. Solache:  3rd DCA:  March11, 2015
Trial court erred in ordering that alimony would automatically increase when Husband’s child support responsibility ended because there was no specific factual finding or articulated reason in the judgment for the prospective automatic increase.
McGarvey v. McGarvey: 5th DCA: March 13, 2015
Trial court erroneously adopted Husband’s proposed Parenting Plan (50/50) thinking it was an agreed to parenting plan.  While Husband argued that there was substantial evidence to support an adoption of his proposed parenting plan, the 5th DCA rejected this argument as it was apparent that the trial court never made an independent assessment and simply made a mistake.  

Dugan v. Dugan: 5th DCA: March 13, 2015

Even though Wife was absent from second day of trial and there was an incomplete record due to a lack of a Court reporter, the appellate court reversed the trial court’s decision to not take into consideration Wife’s medical expenses when calculating alimony.  Even though Husband argued that Medicare covers all medical expenses, the appellate court noted that “no medical expenses are completely covered by Medicare.”  Again, while there was not an adequate record, when an error appears on the face of the judgment, it should be corrected.

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