Caselaw Corner

Mannella v. Mannella: Michael and Leah Mannella divorced in April 2018. The final judgment incorporated their marital settlement agreement and required Mr. Mannella pay $2,000 per month in durational alimony and $250 per month in child support. In September 2020, Mr. Mannella sought a reduction in child support, claiming Mrs. Mannella’s income...

In McArdle v. McArdle, the Fourth DCA clarified what is required to put an opposing party on notice that attorneys’ fees are being sought. The husband moved to compel an inventory of the marital home under a provision of the marriage settlement agreement (MSA). The MSA also contained a provision requiring any party who defaults under the MSA to...

The Third DCA, in Publix v. Blanco, quashed a discovery order as overbroad. Mr. Blanco sued Publix after he slipped and fell in a customer restroom. He sought to depose Publix’s corporate representative, listing over 150 areas of inquiry. Publix argued that the request was too broad and moved for a protective order, which the trial court...

Federal practitioners will be familiar with Bonner—the opinion in which the United States Court of Appeals for the Eleventh Circuit held that it would adopt as binding precedent decisions of the Fifth Circuit issued on or before September 30, 1981. Many lawyers in Florida wondered whether the new Sixth DCA would follow the Bonner approach and...

In contract law, text is paramount. A recent opinion from the Fifth District Court of Appeal illustrates this point. In Balazic v. Balazic, the court was asked to interpret a provision of a settlement agreement dealing with the distribution of the former husband’s retirement plan. The provision required the former husband and wife to equally...