Thursday, July 8, 2010

Second District Reverses from Face of Final Judgment

The Second District Court issued its opinion in Smith v. Smith yesterday, and in a rare move overturned the Final Judgment below without the benefit of any transcript of the proceedings. The Court of Appeal found that there were errors evident from the Judgment itself as to support and equitable distribution calculations. However, while a lengthy discussion is contained in the opinion as to the effect of adultery on timesharing issues, and an appearance of error seems to be raised in the lower court's ruling as to timesharing issues, that portion of the judgment was affirmed based on the lack of a transcript permitting a full review.

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