Friday, October 7, 2011

First District Reverses Finding of Limitation

The First District Court issued its opinion Wednesday in Jackmore v. Jackmore, an unusual case of a foreign decree for alimony sought to be enforced after decades against the estate of the Former Husband.  The lower tribunal found that the statute of limitations applied, which the First District reversed on the basis that Florida’s lack of any such statute was controlling under UIFSA.  The Court pointed out that laches might apply, but required an evidentiary hearing for such a determination, as mere passage of time is insufficient to prove that affirmative defense.

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