Paternity Law
 
Jamilette Hallac v. Jeffrey Hallac

The wife appeals an attorney’s fees award, denying her a portion of her attorney’s fees and assessing a portion of the husband’s attorney’s fees against her, on the basis that she unreasonably refused a favorable settlement offer. We affirm the trial court’s denial of attorney’s fees to the wife after the date of the settlement offer, because Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997),

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United States of America v. Luis Fernando Juarez

The defendant-appellant (Juarez) appeals the district court’s decision on his ineffective assistance of counsel claim. Juarez’s counsel failed to independently research and investigate the derivative citizenship defense. Citizenship is a defense to the alienage element of both crimes to which Juarez pled guilty. Juarez claims that his counsel’s performance was deficient and prejudicial when

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Eric Fischer v. Richard Zollino

This case raises the question of whether the putative father of a child, upon learning that he was deceived by his wife, the child’s mother, and the child’s biological father as to the child’s paternity, is estopped from recovering from the biological father funds that the putative father expended to raise the child while believing her to be his offspring. The plaintiff, Eric Fischer, appeal

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Raymond R. Cloutier v. Robin M. (Cloutier) Turner

[¶1] Raymond R. Cloutier appeals from a judgment entered in the District Court (Lewiston, Lawrence, J.) granting Robin M. (Cloutier) Turner’s motion to enforce the child support provisions of a 1992 amended divorce judgment. Cloutier argues that (1) Turner lacks standing to bring the motion to enforce because she filed it after the children became adults; (2) the limitations period on a claim o

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Wallace Grant v. Hawann L. Wilson

Wallace Grant appeals from the trial court’s denial of his petition for bill of review. In the petition, Grant asserted that he did not receive proper service of citation of a paternity suit that had been filed against him. A default judgment was taken against Grant in that case.1 He requested in his petition for bill of review that the court grant a new trial. The trial court denied the petitio

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Beth Ann Smith Fultz v. Kevin Wayne Smith

¶1 Defendant/Appellant Kevin Wayne Smith (Father) seeks review of the trial court's order sustaining the objection of Plaintiff/Appellee Beth Ann Smith (Mother) to a "decision" by the court-appointed Parenting Coordinator modifying custody of the parties' minor child from Mother to Father. Having reviewed the record, we hold the order of the trial court should be affirmed.

¶2 Of the marri

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Joseph A. Sorge v. Maryanne K. Sorge

Joseph A. Sorge appeals after the trial court modified the child support awarded to his ex-wife, Maryanne K. Sorge, and awarded Maryanne1 sanctions and attorney fees, both related to the costs of the underlying litigation, as well as pendente lite attorney fees for defending against Joseph's appeal.

On appeal, Joseph first contends that the trial court erred in calculating the child support

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William D. Breit v. Beverley Mason

William Breit (“Breit”) appeals the order of the Circuit Court for the City of Virginia Beach (“trial court”) sustaining Beverley Mason’s (“mother”) and L.F.’s (“child”) pleas in bar to Breit’s petition to determine parentage of L.F. Breit contends the trial court erred in holding that he is barred from asserting that he is the legal father of L.F. L.F. was conceived as a res

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Juan Gerardo Oliva v. Pigquinto Ramon Davila

This is an appeal from a jury verdict in favor of appellee following a suit for slander. Because we conclude the evidence is legally insufficient to support the jury findings on liability and on damages, we reverse and render a take-nothing judgment against appellee and in favor of appellant.

BACKGROUND

Appellant, Juan Oliva, and appellee, Pioquinto Davila, have known each other

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Kayla Jean Kennedy v. Tyler Scott Eldridge

In a roiling support and custody dispute involving an infant child, did the trial court act within its discretion in disqualifying the child’s paternal grandfather from representing his son, the father, against the mother of his grandson?

We hold that it did. A plethora of family entanglements, potential misuse of confidential information, a conflict posed by the near-certain prospect tha

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Vilma Granado v. Pedro C. Meza

Appellant Vilma Granado appeals an order against Appellee Pedro C. Meza for $500.00 in unpaid child support. Granado raises several issues: (1) Meza failed to timely respond to her Notice of Application for Judicial Writ of Withholding; (2) the judgment of $500.00 was inadequate and not based on sufficient evidence; and (3) the trial court erred in failing to award attorney’s fees. In a cross-po

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Christopher A. Low v. Lindsey S. Brookings

Christopher Low appeals from a district court’s ruling that placed physical care of the parties’ son with the mother, Lindsey Brooking. Because we agree with the district court’s ruling that placing physical care with Lindsey is in the best interests of the child, we affirm.

I. Background Facts and Proceedings

Chris and Lindsey had a brief relationship in the summer of 2008. Li

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In The Matter of the Estate of Dicksion

¶1 The three dispositive issues presented by this appeal and counter-appeal are whether: 1) the objection to admission of the holographic will was timely;1 2) the paternity statute, 84 O.S. 2001 §215,2 applies to intestate and probate proceedings; and 3) 58 O.S. 2001 §1223 prohibits the appointment of a business partner as personal representative when the will does not make any provisions for s

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Noemy Landaverde v. The State of Habibollah Abedinzadeh

Appellant, Noemy Landaverde, appeals a summary judgment on her claim to establish common-law marriage to Habibollah Abedinzadeh.1 We affirm.

Background

Habibollah Abedinzadeh died on July 8, 2005. On October 17, 2006, Mehdi Abedinzadeb was appointed administrator of the estate. On January 20, 2010, appellant, Noemy Landaverde, filed a notice of appearance, and asserted interest in th

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In the Matter of the Adoption of Baby Boy K.B.

¶1 The question presented is whether K.B. is eligible for adoption - more specifically, whether K.B. is eligible for adoption without the consent of his biological father. This Court holds the trial court did not abuse its discretion by holding that K.B. is not eligible for adoption because K.B.'s biological father exercised his parental rights regarding K.B., including contributing to the suppor

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Laura E. Williams v. Lonnie J. Williams, Jr.

¶1 Lonnie J. Williams Jr. (“Father”) appeals the superior court‟s orders modifying his child support and spousal maintenance obligations and ordering him to pay attorneys‟ fees. For the reasons that follow, we lack jurisdiction to review the order modifying child support and dismiss that portion of the appeal, but we have jurisdiction over the appeal from that portion of the order modifyi

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Marty Kilman v. Catherine L. Kennard

This one-brief appeal stems from the acrimonious relationship between appellant Marty Kilman and appellee Catherine Kennard, the parents of a daughter, E.K., born May 22, 2004. The Cleburne County Circuit Court held Kilman in contempt of court and sentenced him to 180 days in jail, with all but thirty days suspended. Kennard was also held in contempt and sentenced to forty-five days, with all but

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Paul Hooks v. Laytoya Quaintance

Appellant, Paul Hooks, appeals from the trial court’s order dismissing his petition to disestablish paternity based on the finding that Appellant failed to include newly discovered evidence with his petition, as required under section 742.18, Florida Statutes (2009). Appellant argues that DNA test results, which showed that he was not the biological father of the child, constituted newly discove

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Richard J. Schaffer v. Rebecca S. Ling

Appellant, an unwed father, timely appeals a final order dismissing his paternity action for lack of jurisdiction. He claims that the Florida courts have jurisdiction to determine paternity, support, and time sharing, simply because the child was conceived in Florida, even though the child was born in New Hampshire where she and the mother reside and have continued to reside. We reject his claim,

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In the Matter of the Adoption of G.D.J.

¶1 The Petitioners/Appellees, Teryl Pearson and Robert Pearson (Pearsons) petitioned to adopt Teryl Pearson's (Pearson) grandson, G.D.J. (FA 2008-24, Jackson County, Oklahoma) by filing a Petition for Adoption, and an Application to Adjudicate Minor Eligible for Adoption Without Consent of the Natural Mother. The natural mother, Tessia Bre Stubbs (Stubbs), Respondent/Appellant, contested the adop

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Lisa Davis v. Corey G. Davis

¶1 Corey G. Davis appeals several aspects of the trial court’s ruling on Lisa Davis’s 2008 petition to modify the parties’ divorce decree. Lisa cross‐appeals, challenging the trial court’s ruling on her request for attorney fees and requesting fees on appeal. We affirm in part and reverse in part.

BACKGROUND

¶2 The parties were divorced by a Decree of Divorce entered May

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Michelle Lea McKiddy v. Warren Bernard Alarkon

¶1 Defendant/Appellant Warren Bernard Alarkon (Father) appeals the trial court's journal entry filed on September 8, 2009, granting in part and denying in part Plaintiff/Appellee Michelle Lea McKiddy's (Mother) application for attorney's fees.1 Based on our review of the facts and applicable law, we find the trial court did not abuse its discretion. We affirm.

FACTS AND PROCEDURAL BACKGROU

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Magnus Norinder v. Sharon Fuentes

Although the federal courts normally have nothing to do with child custody issues, there is an exception for cases that arise under the International Child Abduction Remedies Act (the Act), 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980). This is one of

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Patti Beeler v. Michael J. Astrue

The Social Security Act authorizes the payment of benefits to the dependent children of deceased workers. This case requires us to determine whether a child conceived through artificial insemination more than a year after her father’s death qualifies for benefits under the Act. The Commissioner of the Social Security Administration (“SSA”) interprets the Act to provide that a natural child o

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Raymond Flores v. Juan P. Rocha Gutierrez

Following an automobile accident, Appellant-Plaintiff Raymond Flores brought a personal injury action against Appellee-Defendant Juan Rocha Gutierrez in which Gutierrez was determined to be liable, but the jury awarded Flores no damages. The trial court subsequently denied Flores‟s motion to correct error alleging that the verdict was inconsistent with the evidence and inadequate as a matter of

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