For the Public

pleading in the alternative

Pleading in the Alternative or Painting Yourself into a Corner?

In late October, federal inmate number 14170-041 explained to Judge Richard Kyle that he was, in fact, guilty of engaging in a massive Ponzi scheme and apologized for his prior false claims of innocence. Tom Petters finally saw the light and was trying to reduce his sentence. Similarly, Lance Armstrong confessed and asked the public to forgive him when the

Read More »
section 57.105

The Use of 57.105 on Appeal: Sword, Shield or Can Opener?

Many lawyers have been annoyed when the opposing party appeals after the lawyer has obtained a favorable order for their client in the trial court. The lawyer whose client prevailed in the trial court may believe that the losing party’s position is without any legal merit. The lawyer’s belief that the opposing party has now delayed the ultimate resolution of

Read More »
appeals process

When the Trial Judge Errs: Basic Guide to a Florida Civil Appeal

Your client received an unfavorable final order. You believe you have a solid basis for an appeal. You filed a timely notice of appeal to start the appeals process. Now what? A brief explanation of the procedure for litigating an appeal of a final order in a standard civil case in Florida’s state courts follows, with an emphasis on ensuring

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Alimony modification

Alimony Modification Based Upon Supportive Relationship – an Unsettled Area of Florida Law

Alimony modification based upon the recipient’s new, live-in relationship status has been a troubling issue that has divided Florida’s District Courts of Appeal. Disagreement at the intermediate appellate level means that the Supreme Court of Florida will eventually be called upon to resolve this legal matter. The questions surrounding this issue date back to 2005, when the Legislature passed the

Read More »
Sending Text Messages of Naked Photos is a Crime! Will Your Teen Be Prosecuted For Sexting?

Sending Text Messages of Naked Photos is a Crime! Will Your Teen Be Prosecuted For Sexting?

Sexting is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.” Miller v. Skumanick. This activity, though a relatively recent phenomenon, has become very widespread. Studies reveal that about 1 in 5 American teenagers engage in sexting. The Consequences The problems with sexting are too

Read More »
spousal maintenance

UMDA: Alimony’s Journey into Spousal Maintenance in Arizona

In ancient Babylon’s Code of Hammurabi (circa. 1780 BC), divorce meant the husband would repay his wife’s dowry, relinquish child custody, and provide alimony sufficient to sustain her. We can track alimony through the Code of Justinian (529 AD) and into Corpus Juris Civilis – the basis for both Roman law and British common law. Eventually, under King James I

Read More »
pleading in the alternative

Pleading in the Alternative or Painting Yourself into a Corner?

In late October, federal inmate number 14170-041 explained to Judge Richard Kyle that he was, in fact, guilty of engaging in a massive Ponzi scheme and apologized for his prior false claims of innocence. Tom Petters finally saw the light and was trying to reduce his sentence. Similarly, Lance Armstrong confessed and asked the public to forgive him when the

Read More »
section 57.105

The Use of 57.105 on Appeal: Sword, Shield or Can Opener?

Many lawyers have been annoyed when the opposing party appeals after the lawyer has obtained a favorable order for their client in the trial court. The lawyer whose client prevailed in the trial court may believe that the losing party’s position is without any legal merit. The lawyer’s belief that the opposing party has now delayed the ultimate resolution of

Read More »
appeals process

When the Trial Judge Errs: Basic Guide to a Florida Civil Appeal

Your client received an unfavorable final order. You believe you have a solid basis for an appeal. You filed a timely notice of appeal to start the appeals process. Now what? A brief explanation of the procedure for litigating an appeal of a final order in a standard civil case in Florida’s state courts follows, with an emphasis on ensuring

Read More »
Alimony modification

Alimony Modification Based Upon Supportive Relationship – an Unsettled Area of Florida Law

Alimony modification based upon the recipient’s new, live-in relationship status has been a troubling issue that has divided Florida’s District Courts of Appeal. Disagreement at the intermediate appellate level means that the Supreme Court of Florida will eventually be called upon to resolve this legal matter. The questions surrounding this issue date back to 2005, when the Legislature passed the

Read More »
Sending Text Messages of Naked Photos is a Crime! Will Your Teen Be Prosecuted For Sexting?

Sending Text Messages of Naked Photos is a Crime! Will Your Teen Be Prosecuted For Sexting?

Sexting is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.” Miller v. Skumanick. This activity, though a relatively recent phenomenon, has become very widespread. Studies reveal that about 1 in 5 American teenagers engage in sexting. The Consequences The problems with sexting are too

Read More »
spousal maintenance

UMDA: Alimony’s Journey into Spousal Maintenance in Arizona

In ancient Babylon’s Code of Hammurabi (circa. 1780 BC), divorce meant the husband would repay his wife’s dowry, relinquish child custody, and provide alimony sufficient to sustain her. We can track alimony through the Code of Justinian (529 AD) and into Corpus Juris Civilis – the basis for both Roman law and British common law. Eventually, under King James I

Read More »

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