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Attorneys’ Fees on Appeal in Divorce Cases

divorce costs orlando florida attorney

Attorneys’ fees on appeal can be sought both while the appeal is pending and at the conclusion of the appeal. Florida Rules of Appellate Procedure, Rule 9.400(b) provides for an award of attorneys’ fees at the conclusion of an appeal. These fees are commonly referred to as final appellate fees. However, Rule 9.600(c) and Florida Statute Section 61.16 provide that attorneys’ fees are available, while the appeal is also still pending. Meaning that you are able to recover attorneys’ fees prior to the outcome of the appeal. The purpose of providing for appellate attorneys’ fees is to put both...

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Paragraph 22 Notice in Helton V Bank of America

Sherri discusses a recent foreclosure case that was decided in the 5th District Court of Appeals - Helton V Bank of America. One of the issues the courts must decide is whether of not the bank proved that they complied with giving notice of the default. This is otherwise known as a Paragraph 22 notice. ...

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Harmless Errors on Appeal: No Reasonable Possibility Test

In November 2014, the Florida Supreme Court clarified the standard for determining whether an error committed at the trial court level in a civil case constitutes a harmless error. This is important because harmless errors do not result in a reversal of a trial court or jury decision. Only harmful errors can result in a reversal. ...

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The Power of the Appeal: Appealing Temporary Relief Orders

I received a call from a panicked attorney who had just lost a hearing. Her client was upset and she didn’t know what to do. She called me. She was an attorney from Washington D.C. who decided to take a case in Orange County, Florida. Her client lived in Washington D.C. and his Wife filed for divorce in Orange County, Florida. Assuming that it would be a simple and straightforward divorce she agreed to take the case. The Wife filed a Motion for Temporary Relief requesting alimony and child support. The Washington D.C. attorney attended the hearing via phone and...

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DeWitt Law Review – Appellate Law

DeWitt Law Review is live every Sunday at 10am on WDBO 96.5FM. [su_audio url="http://www.dewittlaw.com/audio/05_08_2011-AppellateLaw.mp3"] This week’s topic: This week on DeWitt Law Review, Sherri DeWitt discusses appellate law in the state of Florida View all of DeWitt Law's Appellate Law practice areas....

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