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| Kusterer v. Kusterer, CASE NO. 1D05-1362,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 20, 2006, Opinion Filed
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Overview: Where a trial court determined a former husband's "income" pursuant to Fla. Stat. chs. 61.30(2)(a) and 61.046(7) (2004) based on the rule prior to Zold that undistributed Subchapter S "pass-through" income was attributable to him, a redetermination was necessitated; a fact-finding determination was required as to what should be included.
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| Marshall v. Dep't of Conventions & Marinas, CASE NO. 1D04-5139,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 20, 2006, Opinion Filed
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Overview: A Judge of Compensation Claims erroneously determined a customary hourly rate for attorney's fees to a workers' compensation claimant that was not based on the evidence; accordingly, a remand of the attorney's fee award was mandated and a new award was to be entered based on the hourly rate supported by the evidence.
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| Melchi Dev. Group, Inc. v. Berky Dev. Group, LLC, Case No. 5D05-2074,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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| Miller v. State, Case No. 2D05-532,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: Because the jury instruction on aggravated assault constituted fundamental error, as it permitted the jury to convict defendant of aggravated assault if one alleged victim was threatened while the other had a well-founded fear of violence, defendant's conviction was reversed and the matter was remanded for a new trial.
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| Miller v. State, Case No. 5D05-4452,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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| Minda v. Ponce, Case No. 2D05-3149,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: Trial court erred in finding father to be in for contempt for sending his five-year-old daughter on airplane unaccompanied by either himself or her mother because final judgment did not clearly state that he could not do so. He could not be held in contempt based on trial court's intent when that intent was not specifically set forth in the order.
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| Mobley v. Mobley, Case No. 5D05-697,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: Despite former wife's two and one-half year delay in seeking to enforce appellate court's mandate concerning a property division order, the trial court had jurisdiction to amend the final judgment pursuant to the appellate court's mandate and could not deviate from that mandate by dismissing the case for failure to prosecute.
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| Mt. Funding, LLC v. Blackwater Crossing, LLC, Case No. 5D05-2047,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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| Price v. Dep't of Children & Families, Case No. 5D04-4147,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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