Lower Court judgment for client affirmed by Appelate Court
Ex-wife filed a motion to enforce the marital settlement agreement (MSA) provisions. The Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Amy L. Smith, J., denied motion, and ex-wife appealed.
Holding: The District Court of Appeal, Farmer, J., held that parol evidence about the intent of parties regarding the time for payment of funds to ex-wife for equitable distribution purposes, pursuant to MSA, was admissible because MSA failed to specify a time for payment and, thus, was ambiguous as to the intent of the parties in that regard.
Mulligan v. Mulligan
Jun 30, 2004
Client's motion to disqualify Judge from presiding over dissolution case over Judge's refusal to do so granted in favor of client
Husband petitioned for writ of prohibition seeking review of order of the Nineteenth Judicial Circuit Court, Martin County, Larry Schack, J., denying his motion to disqualify judge from dissolution proceedings.
Holding: The District Court of Appeal held that husband's motion to disqualify judge from dissolution proceedings was legally sufficient, and thus judge was required to enter order granting disqualification.