Practice and Procedure

Question 1

What do you start with - SMJ or PJ?

Answer 1

SMJ

Question 2

When does a court have SMJ over DOM?

Answer 2

6 months in state of FL prior to filing.

Question 3

What will court consider in determining if resident of FL before filing?

Answer 3

Actual presence + intent to stay

Temporay absences ok

Question 4

What is evidentiary basis to establish residency?

Answer 4

Clear and convincing

Question 5

How does a person corroborate residency?

Answer 5

FL DL
Voter registration
FL ID card
Testmony/affidavit of NON SPOUSE

Question 6

How does a court have SMJ over kid’s issues?

Answer 6

Look to UCCJEA - home state for 6 months

Question 7

When is FL home state for kid per UCCJEA?

Answer 7

When child lived with parent OR PERSON ACTING LIKE A PARENT for 6 mo

Question 8

WHen does FL have temporary emergency J under UCCJEA?

Answer 8

If child is present in state AND necessary to protect them

Question 9

Can you raise a challenge to SMJ after FJ entered?

Answer 9

Yes, any time.

Question 10

If FL is home state of child, and nothing financial, do you need to serve other parent?

Answer 10

Yes, but PJ established simply by home state

Question 11

GA enters support order. J stays in GA if:

Answer 11

Either parent is in GA
Child is in GA
OR everyone files written consent to FL

Question 12

If GA has support order, and W still lives in GA, can FL modify?

Answer 12

No, GA retains exclusive J

Question 13

Standard of review on appeal for SMJ?

Answer 13

De novo

Question 14

Can FL modify another state’s support order?

Answer 14

Only if other state no longer has CEJ.

Question 15

How do you get personal J over someone?

Answer 15

Tag in FL

Long arm

Question 16

What must you plead to establish long-arm J for divorce?

Answer 16

Maintaining matrimonial domicile in FL at time of filing
OR if D resided in FL before filing.

must plead specifically

Question 17

How do you get long-arm J in paternity case?

Answer 17

Sex in FL that may have resulted in this kid

Question 18

How do you contest long-arm J?

Answer 18

File affidavits, then burden switches to other party with more affidavits.

Question 19

H objects to PJ. H files motion for temp fees to defend PJ. Has he submitted himself to FL J?

Answer 19

No. Can ask for fees to defend, but can’t do affirmative things

Question 20

If you serve via long-arm, is it same as service of process in FL?

Answer 20

Yes, except your affidavit doesn’t need time/place/method of service

Question 21

Can court order transfer of corporate assets from W to H?

Answer 21

No, unless corp is joined

Question 22

When do you join someone to divorce?

Answer 22

If they have an interest in any claims

If company, “inextricably intertwined”

Question 23

Do you need to join Corp if you are ordering W to transfer stock to H?

Answer 23

No, can just order.

Question 24

H/W own company. Company owns house. Can court give house to H?

Answer 24

No, unless C is joined. No J over property owned by corp otherwise.

Question 25

When can family/grandparent petition for temporary custody?

Answer 25

Permission from parents OR Risk of abuse/neglect AND the petitioner is a F/T caregiver already of child.

Question 26

Gay couple don’t marry. Have a kid. Don’t adopt. Can court give timesharing to non-bio parent?

Answer 26

No.

Question 27

If child wants to emancipate, what must they prove?

Answer 27

How to support themselves mentally and financially

Question 28

If paternity is disestablished, can ousted dad get back CS? Or Arrears?

Answer 28

Nope

Question 29

Can you serve person on Sunday?

Answer 29

No, unless affidavit for “good cause” that person will escape

Question 30

Can you serve new spouse with service?

Answer 30

Yes, unless the new spouse is a party (think paternity intervention)

Question 31

When is substitute service acceptable?

Answer 31

Usual place of abode, serve someone 15 or older, tell contents. OR when spouse requests service unless spouse is party

Question 32

What is process for constructive service?

Answer 32

File affidavit diligent serach/inquiry Notice 1x/week for 4 weeks in newspaper in county Notice must contain description of property to be distributed

Question 33

Timeline to file answer?

Answer 33

20 days, unless accept service, then 60 days.

Question 34

WHere is venue proper?

Answer 34

County where D resides OR where COA occurred OR where property located

Question 35

Where is proper venue for DOM?

Answer 35

County where H/W resided w/ intent to remain married

Question 36

W thinks unfair trial in her venue. What must she do to transfer?

Answer 36

File verified motion | Attach 2 affidavits of non-family residents in support

Question 37

File motion for 57.105 fees. Is 12.285 required?

Answer 37

No

Question 38

What must be filed with modification of support petition?

Answer 38

Net income/deducations affidavit

Question 39

How long is lis pendens valid?

Answer 39

1 year

Question 40

What must be pled to get injunction?

Answer 40

Irreparable harm AND no adequate remedy at law AND legal right to relief AND injunction will serve public interest

Question 41

What qualifies as repeat violence?

Answer 41

2 incidents, most recent in last 6 mo

Question 42

What qualifies as dating violence?

Answer 42

RElationship of affection/sex, but DO NOT live together

Question 43

What qualifies as sexual violence?

Answer 43

Sexual battery or sexual stuff with minors

Question 44

What qualifies as DV?

Answer 44

Being victim or reason to beleive imminent danger of becoming victim

Question 45

Can Buzz get DV injunction against JEff?

Answer 45

No, don’t live together

Question 46

Can you get 57.105 for DV/stalking/dating/repeat violence cases?

Answer 46

No for DV unless makes false statement on material matter.

Question 47

What must you prove to set aside default?

Answer 47

Excusable neglect Meritorious defense Due diligence

Question 48

Can you do summary jugment in famly law?

Answer 48

Yes

Question 49

What is standard for summary judgment?

Answer 49

No genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law

Question 50

Can you do a motion for summary judgment on fraud claim?

Answer 50

No, requires facts

Question 51

Can you have evidentiary hearing on summary judgment?

Answer 51

No

Question 52

What is standard to have physical/psych eval in DOM cases?

Answer 52

Party’s condition is IN CONTROVERSY and you must have GOOD CAUSE

Question 53

When does court exclude social investigation from consideration?

Answer 53

Not given to parties in advance, or no time to depose

Question 54

What can you respond to a request for admission?

Answer 54

Admit Deny I don’t know BUT ONLY IF you tried to find out

Question 55

How long until a case is dismised for lack of prosecution?

Answer 55

10 months

Question 56

What is pneumonic for 1.540 relief?

Answer 56

C MISEn Nev FMM V

Question 57

WHat does C MISEn Nev FMM V stand for

Answer 57

``` Clerical Mistake Inadvertance Surprise Excusable Neglect ``` Newly discovered evidence Fraud/mistake/misconduct Judgment void/vacated

Question 58

What does the C in CMISEn Nev FMM V stand for?

Answer 58

Clerical error

Question 59

What does the MISEn in CMISEn Nev FMM V stand for?

Answer 59

Mistake, inadvertence, suprrise, excusable neglect

Question 60

What does the NEV in CMISEn Nev FMM V stand for?

Answer 60

Newly discovered evidence

Question 61

What does the FMM V in CMISEn Nev FMM V stand for?

Answer 61

Fraud Mistake Misconduct Voide/vacated judgment

Question 62

W was in supportive relationship at tiral and got no alimony. boyfriend dies. Can she do 1.540?

Answer 62

Yes, boyfriend dying is new evidence, couldn’t have known.

Question 63

What must be alleged to disqualify judge?

Answer 63

Fear of a specifically described prejudice or bias

Question 64

What is process to disqualify?

Answer 64

CL files motion Motion must be verified and list prior motions Judge must rule immeidately only on legal sufficiency If 2nd motion, judge can make findings and address specifics

Question 65

H wants to disqualify judge. Judge denies motion. Judge denies second motion. What can H do?

Answer 65

Appeal 2nd motion | Writ of prohibition

Question 66

When is child victim statement a hearsay objection?

Answer 66

Reliable statement | Kid testifies OR is unavailable and there is other, corroborating evidence

Question 67

What is an excited utterance?

Answer 67

Startling event Statement made before time to misrepresent Made while under stress of event

Question 68

Is there a husband/wife privilege?

Answer 68

Yes, but not in family law

Question 69

Standard to admit biz record?

Answer 69

Record made at time From information from a person with knowledge of record Kept in ordinary course of business Normal to keep such a record

Question 70

What are DAUBERT factors?

Answer 70

Expert with specialized knowledge Based on sufficient facts/data Testimony is product of reliable principles and methods Which are reasonably applied to the facts of this case.

Question 71

What is daubert pneumonic?

Answer 71

ESRR

Question 72

What is the E in ESRR

Answer 72

Expert with specialized knowledge

Question 73

What is S in ESRR

Answer 73

Sufficeint facts/data

Question 74

What is the R in ESRR?

Answer 74

Reliable principles and methods | Reliably applied to facts of this case

Question 75

What do you do if you don’t approve of Daubert expert?

Answer 75

Object, specifically ID source and substance of testimony that’s a problem and provide your expert testimony/literature to challenge.

Question 76

Can you tax travel costs against other side?

Answer 76

Not usually, unless special circumstances (zero local counsel, small town)

Question 77

Timeline for GM report exceptions/response

Answer 77

10 days to file exceptions, 5 days to respond to exceptions

Question 78

Are substance abuse records admissible in court?

Answer 78

Not without party consent or court order.

Question 79

H/W married. W does NOT get long-arm J over husband in divorce. There are kids. What can court adjudicate in FL w/o personal J over him?

Answer 79

Divorce, custody.

Question 80

H/W married. W does NOT get long-arm J over husband in divorce. There are kids. What can court NOT adjudicate in FL w/o personal J over him?

Answer 80

Property rights, Alimony, child support, attorney’s fees = PJ required.

Question 81

W wants divorce from H in NYC. Needs to get long-arm J over him. What must she plead to get divorce?

Answer 81

Matrimonial domicile in FL when action began OR Resided in FL at commencement of action

Question 82

H pays CS. W files petition to modify. H files motion to temporarily reduce CS while petition pending. Response?

Answer 82

Deny, can’t reduce while petition pending.