News & Analysis as of

Appeals Divorce

Patton Sullivan Brodehl LLP

Another LLC Attorney Disqualified Due to “Conflict of Authority”

A prior LLC Jungle post covered the Court of Appeal’s seminal opinion in the Jarvis v. Jarvis case here: Why Having “Co-Managers” for Your LLC is a Terrible Idea. In the Jarvis case, the Court of Appeal affirmed the...more

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

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A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Carlton Fields

Florida Appeals Court Decisions Week of July 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Heid v. Rutkoski - § 1983, qualified immunity - Nalco v. Bonday - arbitration, vacatur - Sunshine State v. US CIS - immigration, EB-5, annual fee, retroactivity ...more

Cozen O'Connor

Case Spotlight: Schrader v. Schrader and Setting Aside Separation Agreements

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In Schrader v. Schrader, 2025 BCCA 50 (Schrader v. Schrader), Mr. Schrader argued that his ex-spouse was bound to a previously agreed separation agreement. The BC Court of Appeal rejected Mr. Schrader's argument and upheld...more

Awatif Mohammad Shoqi Advocates & Legal...

Hierarchy In Family Court And The Process To Appeal

How can a family court decision be appealed? Although it is easy to obtain information regarding family laws in the UAE, people are generally unaware about the procedural aspects of the family court process. In this...more

Fox Rothschild LLP

When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights

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Too often, litigants (and sometimes attorneys) treat prenuptial agreements as documents that either don’t have to be followed and/or should be attacked as a matter of course to try to get the party who entitlements are...more

Carlton Fields

Florida Appeals Court Decisions Week of April 21 - 25, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Rivers - search and seizure, sentencing - Bidi Vapor v. USFDA - administrative review, pre-market tobacco product application - Henry v. Tuscaloosa Sheriff - sex...more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Cozen O'Connor

Caution, Your Family Arrangement May Not Hold Up in Court

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While marriage and cohabitation agreements are great financial planning tools increasingly used by parties wishing to tailor their obligations and responsibilities following separation, the recent case of Bradley v. Callahan,...more

Carlton Fields

Florida Appeals Court Decisions Week of March 3 - 7, 2025

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U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more

Cozen O'Connor

BC Court of Appeal Clarifies the Appropriate Approach to Tracing Co-Mingled Property

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In the recent case of Mills v. O’Connor, 2025 BCCA 34, the BC Court of Appeal offered some fresh insight on the relatively new and unsettled area of tracing property under the Family Law Act (the FLA). Under the FLA, the...more

Fox Rothschild LLP

Appellate Division Addresses Termination of Alimony at Retirment, Focusing on Whether Recipient Had or Could Have Saved for...

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Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...more

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

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On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

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Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

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While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Fox Rothschild LLP

An Early Nominee for 2024’s Most Bizarre Child (Non) Support Case

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The phrase “Truth is stranger than fiction” is attributed to Mark Twain. There are occasions when an appellate case presents a conundrum. And while it might seem fitting to criticize the trial or appellate courts in case like...more

Fox Rothschild LLP

Amending a Complaint or Counterclaim for Divorce Remains Freely and Liberally Permitted

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A recently published decision of Saseeshkumar v. Venugopal confirms that a request to amend a Complaint and/or Counterclaim for Divorce can and should be freely permitted in the interests of justice. While the facts here are...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Lasher Holzapfel Sperry & Ebberson PLLC

Challenging Prenuptial Agreements in Washington State, at Trial and on Appeal

Most people are aware of the statistic that roughly 50% of marriages end in divorce; but did you know that only 5 – 10% of couples opt for a prenuptial agreement prior to marriage? So, what does a prenuptial agreement...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Confirms That the Statute of Limitations Commences Once the Plaintiff Has Sufficient Evidence to Know of...

Brief Summary - Plaintiff, Nancy Malek (plaintiff), filed a complaint against her now ex-husband’s counsel, Chuhak & Tecson, P.C. (defendant or C&T), alleging that the defendant aided and abetted a fraudulent transfer of...more

Weber Gallagher Simpson Stapleton Fires &...

FILE AN APPEAL!

Just about any time a client receives a decision they find anything short of a 100% victory, that client say to me: “File an appeal!” What clients need to understand, however, is that it is easier said than it is to actually...more

Fox Rothschild LLP

How Not to Act at Trial

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Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more

Lasher Holzapfel Sperry & Ebberson PLLC

In Washington, What are your Chances of Successfully Appealing your Family Law Case?

Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Can I Appeal a Ruling on a Family Law Case in Washington?

If a family law case proceeded to trial or ended in any way other than a settlement, then chances are one (or both) of the parties is unhappy with the result. Perhaps one party feels like an important aspect of his or her...more

Conyers

Private Client Bulletin - Summer 2021

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Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...more

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