Fort Lauderdale Divorce Lawyer Blog

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.