Search for: "In the Interest of: F.S., Appeal of: F.S."
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10 Aug 2012, 12:59 pm
F.S. [read post]
18 Jun 2012, 7:40 am
In separate appeals, the emergency temporary guardian and attorneys for two of the children appealed the court’s denial of their respective fee requests. [read post]
6 Feb 2012, 7:59 am
In 2010 F.S. 732.401 was amended to allow a surviving spouse 6 months to opt out of a life estate and instead take a 50% tenancy-in-common interest in the homestead property. [read post]
19 Dec 2011, 9:13 am
On appeal, the 4th DCA said YES, siding with the charity and reversing the trial court's decision based on the "cy-près" doctrine. [read post]
25 Sep 2011, 5:05 pm
Consequently, if the developer failed to comply with F.S. [read post]
5 Sep 2011, 10:48 am
The Florida Supreme Court has now weighed in, holding that YES, the the 3-month statute of limitations period contained in F.S. 733.212(3) DOES apply to personal-representative disqualification motions. [read post]
9 Jul 2011, 5:52 pm
The Florida Second District Court of Appeal has addressed both situations. [read post]
4 Jun 2011, 5:13 pm
Circuit Court of Appeals has ruled. [read post]
30 May 2011, 6:11 am
That ruling is not challenged on appeal. [read post]
13 Apr 2011, 2:13 pm
If you're working with an insolvent estate, you need to make sure everything you do is guided by the payment priorities listed in F.S. 733.707 and the order of abatement listed in F.S. 733.805. [read post]
2 Mar 2011, 8:49 am
As a result, the legislature enacted F.S. [read post]
15 Feb 2011, 2:38 pm
Reasbeck, 363 So. 2d 609 (Fla. 4th DCA 1978), an old opinion out of the Fourth District Court of Appeals (which predates the codification of F.S. 90.616), indicates that if the invocation of the rule is challenged by the witness or the opposing party, the judge must determine that the “rule” is being properly invoked. [read post]
19 Dec 2010, 6:39 am
Recognizing this tension, Florida's Trust Code (F.S. 736.1007) and Probate Code (F.S. 733.6171) both contain specific guidelines to aid trial judges in setting attorney fees. [read post]
4 Nov 2010, 3:14 pm
Your worst enemy is the rushed 15-minute hearing where the judge ends up entering an order that takes you the next 12 months to get reversed on appeal. [read post]
4 Nov 2010, 11:07 am
The affidavit is good because of a lack of contradictory evidence and the failure of a subpoenaed witness to appear must be remedied via s.322.2615(6)(c), F.S., through the circuit court. [read post]
27 Sep 2010, 1:38 pm
The case's holding is that F.S. 608.433 (4) allows a court to order a debtor to surrender "all right, title, and interest" in the debtor's single-member LLC to satisfy an outstanding judgment, unlike many other states where the sole remedy is a charging order. [read post]
7 Sep 2010, 3:07 pm
This directive's been interpreted as requiring a probate judge to appoint your designated preneed guardian unless there's "substantial, competent evidence" establishing that: your designated preneed guardian is disqualified from serving as a matter of law under F.S. 744.309 (e.g., a felony conviction will automatically disqualify you); or the court determines under F.S. 744.312 that it's NOT in your best interest to appoint your designated… [read post]
18 Jul 2010, 4:22 pm
Analysis: F.S. [read post]
12 Jul 2010, 4:48 pm
What's interesting about this case is it's focus on F.S. 709.08(11), a little-known subclause of Florida's durable POA statute entitling the prevailing party in POA litigation to attorney's fees and costs. [read post]
25 May 2010, 8:32 pm
Reviewing F.S. 736.0504, the appeals court observed: There is no law in Florida suggesting that a beneficiary’s creditors may reach trust assets in a discretionary trust simply because the trustee allows the beneficiary to exercise significant control over the trust. [read post]
