Attorney Dayna Maeder's Legal Cases

Appeals

Zwarycz v. Zwarycz

Jun 04, 2024

OUTCOME: Per Curiam Affirmed

Ms. Zwarycz appealed a final judgment in favor of my client, Mr. Zwarycz, alleging that the trial court erred in finding an 80/20 timeshare split was in the children's best interests, erred in distribu ... tion of marital assets, and erred in its determination of alimony and imputation of minimum wage for Ms. Zwarycz. I argued that the appeal was untimely, that the arguments were not preserved, and even if not, the trial court did not err because competent, substantial evidence existed in the record. The appellate court agreed.

Appeals

Montover v. Montover

Apr 30, 2024

OUTCOME: Per Curiam Affirmed

Ms. Montover appealed a trial court's final judgment, alleging a failure to consider her evidence and testimony. I argued that the lack of transcript, the lack of record support, and the failure to mov ... e for rehearing means that any error alleged was not preserved and cannot be the basis for reversal--and if not, the trial court had broad discretion to make the findings it did. The appellate court agreed.

Appeals

Magic Burgers, LLC v. Allison Litteral

Mar 26, 2024

OUTCOME: Per Curiam Affirmed

Magic Burgers appealed a final jury verdict in favor of my client, Ms. Litteral. Magic Burgers alleged fraud and issues with discovery. I argued that the appellate issue raised was not preserved, the m ... edical issues were supported by competent, substantial evidence, and the trial court was correct when it denied Magic Burgers' motion for new trial or remittitur, based partly on the court's discretion and partly because the issue was not preserved, discussing Rule 1.540. I was successful and conditionally awarded attorney's fees.

Appeals

Budlove v. Lewis, J. Johnson, W. Johnson, McCoy, & Campbell

Dec 29, 2023

OUTCOME: Affirmed in part, reversed in part

The five appellees were granted cyberstalking injunctions against my client, Ms. Budlove. I argued that the lower court did not consider the required three-prong test, the evidence did not support the ... statutory definition of cyberstalking, and that it infringed upon Ms. Budlove's Constitutional right to free speech. The appellate court held that the injunctions did violate Ms. Budlove's First Amendment right to freedom of speech and it was affirmed in part and reversed in part. There was a detailed concurrence as well.

Appeals

L.C., Father of J.C.C.O., a Child, v. E.O., Mother of J.C.C.O., a Child

Oct 31, 2023

OUTCOME: Affirmed - Written Opinion

L.C. appealed a private termination of parental rights wherein his rights were terminated based on conception via sexual battery. I represented the mother, E.O., on the trial level and on appeal. On ap ... peal, I argued that the trial court's findings were supported by competent, substantial evidence and should not be disturbed on appeal. I also argued that the findings were in the manifest best interest of the child and the least restrictive means of protecting the child from future harm. The appellate court agreed.

Appeals

Reyes v. Russell

Sep 26, 2023

OUTCOME: Per Curiam Affirmed

Mr. Reyes appealed the trial court's decision to award a portion of his DROP account to my client, Ms. Russell. I argued that the appellate issue raised was not preserved, that Mr. Reyes stipulated tha ... t his pension was 100% marital, and that the trial court made sufficient findings to amply support distribution of the full DROP account amount. The appellate court agreed. It also conditionally granted attorney's fees to my client.

Appeals

Fenwick v. Solomon

Aug 10, 2021

OUTCOME: Per Curiam Affirmed

Mr. Fenwick sued Mr. Solomon in small claims court and then appealed the outcome. I argued that the procedure the trial court followed complied with the small claims rules of procedure. The appellate c ... ourt agreed.

Appeals

Firth v. Medeiros

Jun 22, 2021

OUTCOME: Per Curiam Affirmed

In this case, Mr. Firth conspired to commit malicious prosecution against Mr. Medeiros and then argued that a final judgment against him for money damages for my client should be considered void for la ... ck of notice. I argued that it was not so defective as to amount to no notice, and that he had actual notice and refused to attend. I argued void vs. voidable under Rule 1.540 and that there was a lack of hearing transcript that hindered appellate review. The appellate court agreed.

Dayna Maeder's Legal Cases (8)

Zwarycz v. Zwarycz

Montover v. Montover

Magic Burgers, LLC v. Allison Litteral

Budlove v. Lewis, J. Johnson, W. Johnson, McCoy, & Campbell

L.C., Father of J.C.C.O., a Child, v. E.O., Mother of J.C.C.O., a Child

Reyes v. Russell

Fenwick v. Solomon

Firth v. Medeiros