The First District Court of Appeal affirmed yesterday in Palmer v. Palmer, a case in which the Former Husband sought review of the lower court’s enforcement of the parties’ Marital Settlement Agreement. Specifically, that agreement contained a provision requiring the Former Husband to pay a set penalty for failure to obtain refinancing on the former marital home within the agreed time. The Former Husband argued that the provision was not a valid liquidated damages clause, but rather a punitive damage for delay in performance, and therefore was void. The First District Court found that, in fact, such a provision would at most make for a voidable, not void, contract, thus barring a collateral attack after the incorporation of the agreement into the Court’s Final Judgment per Wells v. Wells, 832 So.2d 266 (Fla. 4th DCA 2002) and Miller v. Preefer, 1 So.3d 1278 (Fla. 4th DCA 2009).
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Hi kids, the heat is on and the bunker denizens are leading the way with their official 3d DCA summer pickle ball league -- judicial gentle...
-
Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "econo...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea: In response, Plaintiff argues, in...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
Không có nhận xét nào:
Đăng nhận xét