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Appellate Courts Family Law Courts

Carlton Fields

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

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U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Winstead PC

Court Affirms Order Holding That There Was An Informal Marriage

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In Thomas v. Doolittle, an independent executor of the estate of an alleged husband appealed the sufficiency of the evidence to support the trial court’s order granting appellee’s petition for declaratory judgment, holding...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

Cozen O'Connor on

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

Winstead PC

Texas Supreme Court Holds That Executor Who Is Also The Sole Beneficiary Of The Estate Can Represent The Estate Pro Se

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In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

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U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Carlton Fields

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

Carlton Fields on

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

Offit Kurman

Challenging a Custody Decision in South Carolina: Understanding the Family Court Appeals Process

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The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...more

Weber Gallagher Simpson Stapleton Fires &...

A Big Win for Families as PA Supreme Court Expands Definition of Parentage

In a much anticipated decision, the Pennsylvania Supreme Court has now defined parentage to include intent-based parentage in the landmark case Glover v Junior. Historically Pennsylvania recognizes parentage of a biological...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

Fox Rothschild LLP

Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances

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We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision in the Cardali case. Typically,...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

Fox Rothschild LLP

Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?

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Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not to report acts of domestic violence once or...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 25-27, 2024

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U.S. Eleventh Circuit Court of Appeals - No decisions this week...more

Fox Rothschild LLP

If You Want To Move Your Case To A Faster Conclusion, Consider Mediation And Arbitration

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A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more

Fox Rothschild LLP

Resisting The Urge To Give The Trial Court One Last Chance—Déjà Vu

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Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun, but it is often necessary. Indeed, the Appellate Rules usually...more

Fox Rothschild LLP

Appellate Division Clears Up The Alimony Statute Application For Early Retirement In Pre-Amendment Cases

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The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early retirement, where parties entered into an alimony...more

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

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Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...more

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