Fort Myers, FL
Family Lawyer at Fort Myers, FL
Practice Areas: Family, Appeals
OUTCOME: Succesfully represented Apellant
Order awarding attorney and expert witness fees to psychologist under the “Legal Issues” provision of the contract REVERSED - See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1721186 ... .html#sthash.0EmW8ZSP.dpuf
OUTCOME: WON
Historical decision. This is the first appellate court case in FL which recognizes the right of same sex couples to divorce in FL
OUTCOME: Writ of Certiorari Granted- Case Quashed
Trial Court departed from essential requirements of law in granting a putative father's motion for genetic testing in an intact family
OUTCOME: Won decision on issue of fees under F.S. 57.105
I represented B.W.P. The trial court erred in awarding attorney's fees to A.L.H. pursuant to section 57.105, Florida Statutes (2012). The court found that B.W.P. knew or should have known that his pe ... tition and amended petition were "insufficient on the facts and the law." Section 57.105(3) states that notwithstanding whether an action is not supported by the facts or the application of then-existing law, fees may not be awarded if the claim "was initially presented to the court as a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, as it applied to the material facts, with a reasonable expectation of success."
OUTCOME: Final Judgment set aside and the Court validates the concept of equitable estoppel.
Co-authored the Amicus Brief on behalf of the Family Law Section of the Florida Bar on behalf of the successful appellant C.P
OUTCOME: Affirmed in favor of Mother
The Court heard conflicting evidence regarding the ownership of a business the parties were jointly involved with, and resolved the conflicting evidence in Mother's favor (my client) rejecting the Fath ... er's claim's for credit.
OUTCOME: Per Curiam Affirmed
This case was a classic (if all too commonly occurring) "he said, she said" scenario. The trial court believed what "she said" (our client). The Former Husband in this appeal requested the court to re ... -weigh evidence and instead give credence to Former Husband's version of events leading to the Former Wife's filing of her Injunction. Former Wife argued that the Court could not do that and she prevailed on appeal.
OUTCOME: PCA Affirmed for Former Wife
Kensinger argued that the trial court was without jurisdiction to enforce a foreign MSA from Georgia and that the trial court exceeded its authority by improperly re-weighing evidence adduced by the ma ... gistrate
OUTCOME: PCA Affirmed
The trial court’s application of the “supportive relationship” statute to the instant case, and whether its granting of a “credit” to former husband, was improperly retroactive
OUTCOME: PCA Affirmed
DIpsute over a piece of land and the interpretation over who had the first right of refusal following a breach of the covenants trigerring the other party's right to own
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