Fort Lauderdale Divorce Lawyer Blog

The members of the bar and bench are mourning the death of Maxine Cohen Lando, a veteran Miami-Dade Circuit Judge who died today at Mount Sinai Medical Center from cholangiocarcinoma, a bile duct cancer. She was 61.

Since spring of 2011, Judge Lando had undergone surgery and chemotherapy. Her condition began to deteriorate when she fell at the courthouse in October 2011. She had been in the hospital since February 2012.

Judge Lando began her legal career 40 years ago at the Miami-Dade Public Defender's office. She was an Assistant Public Defender from 1974 to 1985, where she served in the Felony Division, and was a Senior Trial Assistant for both the Juvenile Division and the Misdemeanor and Traffic Division.

As a Circuit Judge, she had served in the civil, criminal and family divisions. After transferring from presiding over child support, paternity, alimony and family law cases at the Lawson E. Thomas Courthouse Center, Judge Lando transferred to the civil division where she was the associate administrative judge. She recently made headlines when she found a Florida lawyer had filed sham foreclosure documents, wasted the court's time and entered an order with a strong warning and list of sanctions.

By 1981, Judge Lando had applied to the Judicial Nominating Commission eight times. She almost became a judge in 1988 after plastering newspaper ads with 40 endorsements and mail outs to voters with 100 endorsements and raised $107,239 for her campaign.

She eventually became a county court judge in 1991 and was subsequently elected to the Circuit Court in 1995. Judge Lando was instrumental in pioneering Domestic Violence Court in Miami, Florida and mentored new judges.

Chief Judge Joel Brown said Judge Lando, "zealously protected the rights of all who came before her, and was truly a champion of due process. She was not only an outstanding jurist but she went above and beyond," taking on special projects for the court. She assisted in the production of a video about jury service and teaching at judicial school. Judge Lando was also the court's liaison to the clerks in charge of the jury pool.

Born Maxine Etta Cohen in Atlantic City, New Jersey on May 12, 1950, she grew up in Coral Gables, Florida and graduated from Coral Gables High School. She earned a bachelor's degree in history from the University of Michigan and a law degree from the University of Miami.

Lando enjoyed reading about Elizabethean history, had formal opera training and sang in the choir at a conservative synagogue in Pinecrest, Florida. She also sang with the Florida Philharmonic Chorus. She could have had a performing career but "wanted to help better the community she grew up in", said her daughter, Rachel Lando. She strongly believed in justice and equality.

Judge Lando was married to Marvin Lando from 1981 to 2001. In 2006, she married a high school classmate Michael Gill who passed away in 2010.

Judge Lando was up for election later this year and was campaigning for a fourth term. She served on the board of KidSide, a non-profit entity that raises money for Family Court services and Transitions, a drug rehabilitation program.

Services for Judge Lando will be held on Friday, March 2, 2012 at 11:00 A.M. at Bet Shira Congregation, 7500 SW 120th Street, Miami, Florida 33156 followed by a burial.

Her daughters, Rachel Hillary Lando and Sari Brooke Lando, her mother Jean Cohen Bush, her sisters Goldie Wetcher and Suzanne Migdall, nieces, nephews and other family members, survive Judge Lando.

Judge Lando will be deeply missed by Miami divorce attorney's who will remember who for being an outstanding jurist, her fiery spirit, kind heart and dedication to the highest standards of ethics, professionalism and law. She will be fondly remembered for her contribution to marital and family law.

All flags at the Miami Courthouses are being flown at half-staff.

In an 83-30 vote, the Florida House has passed Representative Ritch Workman's bill designed to end permanent alimony in the state. House Bill 549 would not only prohibit new permanent alimony obligations in favor of long-term support orders, but it could also be applied retroactively to permanent alimony awards made in the past. This means Florida citizens currently paying permanent alimony would have the opportunity to reduce or eliminate spousal support obligations. The bill will now move on to the Florida Senate.

If the bill becomes law, it would reduce the length of time a court may award alimony payments to half of the length of the marriage absent additional written justification by a court outlining the need for a longer duration. It would also make it easier for those paying alimony to stop payments upon retirement and prohibit a court from ordering the paying spouse to live on a lower net income than the payee. Additionally, the law would prohibit a court from considering the income and assets of an alimony payer's new spouse upon remarriage.

According to Florida Alimony Reform (FAR), a group that assisted in writing the bill, the law is necessary because current Florida alimony laws are unfair to men. 95 percent of divorced individuals paying alimony in the state are men and the financial burden of permanent alimony awards often prevent them from retiring. House Bill 549 was a compromise bill. FAR originally advocated for more sweeping alimony reforms.

The Florida Bar Association has publicly criticized the alimony bill and accused FAR of spreading misinformation. According to a press release written by David Manz of the Florida Bar Association's Family Law Section, the proposed law is "far-reaching in magnitude and would have significant adverse and unintended consequences." Although the Florida Bar reportedly agrees alimony reform is necessary, the organization claims FAR has exaggerated the purported lack of fairness in the current system. Manz also stated the Bar Association would support fair reform to Florida's alimony laws.

In Florida, an alimony award is intended to maintain each spouse's standard of living after a divorce. Because an award of alimony is contingent upon the financial needs of one spouse and the other's ability to pay, alimony is not awarded in all circumstances. The length of the marriage also factors into any alimony awarded by a Florida court.

Although a permanent alimony award may be made at the discretion of a judge after a moderate or short-term marriage is dissolved, it is normally awarded to a spouse who is no longer capable of meeting basic financial needs after a long term marriage of more than 17 years. Florida courts are required to determine no other alimony award is "fair and reasonable under the circumstances," before permanent alimony is awarded. For marriages which lasted between 7-17 years, there must be clear and convincing evidence permanent alimony is the appropriate award.

Continue reading "Florida House Votes to End Permanent Alimony, Bill Moves On to Senate" »

A Broward County judge recently handed down a rather unusual bond court ruling to a Plantation man charged with domestic violence. At his initial appearance hearing, 47-year-old Joseph Bray was ordered to buy his wife flowers and a birthday card, take her to dinner at Red Lobster, take her bowling, and attend marriage counseling.

Bray was taken into custody after an argument with his wife escalated. The argument purportedly began because Bray failed to wish his spouse a happy birthday. According to the arrest affidavit, he pushed his wife onto a sofa, placed his hand on her neck, and threatened to punch her. Broward County Judge John "Jay" Hurley asked Bray's wife if she was injured or afraid of her husband. After his wife responded she was not, the judge issued his order: Bray was required to take his spouse on a date for her birthday.

According to Judge Hurley, he made the unique ruling because the incident was rather minor and Bray had no prior arrest record. The judge also made clear he would not treat a more serious domestic violence case similarly. In Bray's case, his spouse did not appear to be in any danger despite the couple's fight. Judge Hurley stated in this particular instance, his ruling was a better resolution than the alternatives of setting a bond or keeping Bray in custody. Judge Hurley also ordered the couple to begin attending marriage counseling within one week.

In Florida, domestic violence can include assault, battery, stalking, aggravated assault, battery or stalking, sexual assault or battery, kidnapping, false imprisonment, and other criminal offenses. State law allows a victim of domestic violence to seek a restraining order against her or his alleged abuser. In order to obtain a protection order against an abuser, a victim must petition a court and provide specific facts regarding why a restraining order is merited. After that, the court will hold a hearing to determine whether a protection order is warranted.

A restraining order may also be granted where a petitioner has a reasonable fear that domestic violence will occur. If the court believes the petitioner is in immediate danger, based on the allegations in the petition, it may issue a temporary restraining order until a hearing can be held. Temporary orders generally last for 15 days, but are subject to an extension at the discretion of the court.

If a permanent protection order is granted, it will not expire. A petitioner must ask the court to modify or end a permanent restraining order. The petitioner must also demonstrate changed circumstances that warrant the modification or termination of the order. A temporary or permanent protection order requires an alleged abuser to stay away from the petitioner, the petitioner's residence, place of employment, and other designated locations. It may also award a petitioner temporary custody of any minor children and require the abuser to give up their firearms and ammunition.

Continue reading "Broward County Judge Orders Man to Take Wife to Dinner, Bowling" »

This week, Florida's Third District Court of Appeal declined to disqualify Miami-Dade Circuit Judge Maria Espinosa Dennis from a child custody case between two prominent area lawyers. After attorneys Paul Calli and Sarah Mourer divorced in 2005, the former couple agreed to share custody of their two small children equally. Since that time, their relationship deteriorated so much so that Mourer, a University of Miami law professor who also oversees the school's Death Penalty Clinic, asked Judge Espinosa Dennis to hold Calli, a partner at Carlton Fields, in contempt for allegedly violating provisions in their divorce agreement. According to Mourer, Calli has continuously and repeatedly sent her abusive emails. Mourer also asked the judge to modify the former couple's custody agreement.

Last November, Calli filed a motion asking Judge Espinosa Dennis to recuse herself from the custody case after the law firm at which Mourer's attorney is employed co-sponsored a fundraising event and donated $500 to Judge Espinosa Dennis' re-election campaign. Judge Espinosa Dennis called Calli's motion legally insufficient and denied his request. Calli then appealed to Florida's Third District Court of Appeal seeking her removal from the case. According to Calli, it would be impossible for Judge Espinosa Dennis to treat him fairly due to the donations made to her campaign. Interestingly, Calli's own law firm also donated $500 to the judge's re-election campaign last December.

Mourer's appellate attorney, Craig J. Trocino, argued Calli is simply unhappy with Judge Espinosa Dennis' prior rulings against him. He also claims Calli has continued the litigation in an attempt to drain Mourer's financial resources. Because of this, Mourer asked the appellate court to award her approximately $100,000 in attorney's fees. In a judgment which offered no legal reasoning except a citation to a 1991 Supreme Court of Florida case, a panel of Third District Court judges denied Calli's petition to remove Judge Espinosa Dennis from the case. Judges Richard J. Suarez, Judges Juan Ramirez Jr., and Vance E. Salter also provisionally approved Mourer's request for legal fees.

Florida is a no-fault divorce state. If you have minor children, your final judgment of divorce will include a parenting plan and a custody arrangement, also called a time-sharing plan. Such a plan will outline which parent a child will spends holidays, overnights, and all other days with each week. If parents cannot agree on a time-sharing plan, one will be ordered by the court. The modification of a time-sharing plan can be difficult as a parent who is seeking modification must demonstrate changed circumstances justify the modification. If you are seeking to establish or modify your child's time-sharing plan, a capable Broward County family law lawyer can assist you.

Continue reading "Florida's Third District Court of Appeal Refuses to Disqualify Miami-Dade Circuit Judge from Heated Custody Dispute" »

A Miami-Dade judge has refused to recuse herself in a heated Florida custody dispute between two prominent attorneys, despite her ties to the law firm representing the former wife. Attorneys Paul Calli and Sarah Mourer divorced in 2005 after seven years of marriage. At the time of their divorce, the couple agreed to share equal custody of their two sons. Since then, Mourer has accused Calli of violating provisions in the former couple's divorce agreement by repeatedly calling her names in emails. Mourer has asked Judge Maria Espinosa Dennis to hold Calli in contempt and amend the custody agreement.

According to Florida election records, the law firm at which Mourer's attorney is employed donated $500 to Judge Espinosa Dennis' re-election campaign on November 15th. The day before, the firm also co-sponsored a fundraiser for Espinosa Dennis at a restaurant in South Miami. Calli filed a motion asking Judge Espinosa Dennis to recuse herself on November 1st after invitations to the re-election fundraiser were distributed. Judge Espinosa Dennis denied his request and Calli appealed to Florida's Third District Court of Appeal. Calli purportedly feels he will be unable to receive a fair hearing before the lower court judge.

Mourer's law firm is also seeking an award of approximately $100,000 in costs and attorney's fees against Calli. Her appellate attorney, Craig J. Trocino, has stated Calli's recusal argument has no merit and is legally indefensible. According to Trocino, Mourer's law firm took no substantive part in the re-election fundraiser and only attended the event. He also said that the Florida Judicial Ethics Advisory Committee only requires a judge to analyze an attorney's campaign involvement when faced with a recusal request. No employee at Mourer's law firm is on Judge Espinosa Dennis' campaign committee.

Although Calli claims Judge Espinosa Dennis had an obligation to disclose the law firm's fundraising efforts as a possible conflict of interest, Trocino argues Calli is merely upset with the judge's prior rulings against him. He also alleges that Calli has continued litigation for more than two years in an attempt to drain Mourer's financial resources. Calli's attorney stated the judge's decision to continue to preside over the case is insensitive and fails to take into account how any reasonable individual would react given the situation.

Custody arrangements in Florida are referred to as time-sharing plans. A time-sharing plan will specify the amount of time a child will spend with each parent each week. The plan will also specify where children will spend overnights and holidays. If a child's parents are unable to agree on a time-sharing schedule, the court will set a schedule for them. A court ordered time-sharing plan will take into account statutory factors such as the child's preference and any instances of abuse or violence. In order to modify a time-sharing plan, Florida law requires the parent seeking modification to show substantially changed circumstances.

Continue reading "Miami-Dade Judge Refuses to Recuse Herself from Custody Dispute Following Re-Election Fundraiser" »