Florida/Georgia Personal Injury & Workers Compensation

...Davis, 584 So.2d 1117 (Fla. 1st DCA 1991)(prevailing party is not always dispositive). We resolve this conflict by pointing out that proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla.Stat....

Ann. § 360.075 Mississippi — Miss.Code Ann. § 61-11-1 Montana — Mont. Code Ann. § 67-1-204(7)

...s ability to act in the best interest of the child in custody modification proceedings. This restriction on the trial judge is contrary to the intent of the Legislature to give trial judges wide latitude to work equity in chapter 61 proceedings. See § 61.011, Fla....

...The questions certified are accordingly answered as herein set forth and the cause is remanded for further proceedings before the trial court consistent herewith. It is so ordered. CARLTON, C.J., ERVIN, BOYD and McCAIN, JJ., and MASON, Circuit Judge, concur. ROBERTS, J., dissents with opinion. ROBERTS, Justice (dissenting). Section 61.011, Florida Statutes, F.S.A., entitled, "Dissolution in Chancery", provides that proceedings under this act relating to dissolution of marriage are to be in chancery (equity)....

...s been denied fees and costs yet could remain liable for paying her attorney. Because proceedings under chapter 61 are equitable in nature, they are "governed by basic rules of fairness as opposed to the strict rule of law." Rosen, 696 So.2d at 700; § 61.011, Fla....

...it money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings. (Emphasis added.) Moreover, the equitable considerations underlying our dissolution law, see § 61.011, Fla....

..."business income" under section 61.30(2)(a)(3). This conclusion is consistent with our observation in Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997), that "proceedings under chapter 61 are in equity and governed by basic rules of fairness." See also § 61.011, Fla....

...and based on full disclosure. Although contract principles play a role in dissolution proceedings, courts must remember that proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla....

result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows:

marital dissolution proceedings are authorized by section 61.11, Florida Statutes, which provides: When either

493 (Fla. 1st DCA 1994). We recognize that section 61.11, Florida Statutes (1995), provides authority

Sandstrom, 565 So.2d 914 (Fla. 4th DCA 1990); § 61.11, Fla. Stat. (1993); § 61.08(3), Fla. Stat. (1993)

discretion by enjoining the appellant. See, Fla. Stat. § 61.11, F.S.A. Further, we note that the court provided

or disposing of marital assets. We note that Section 61.11, Florida Statutes (1989) reads in relevant part:

...garding their need and ability to pay. It emphasized the wide discretion that family courts have in determining fee awards. [Proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla....

result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows:

alimony or child support." Id. at 109. Fla. Stat. § 61.11 (1973): "... When either party is about to remove

...The action originally alleged it was brought under Chapter 742, Florida Statutes, but was amended to eliminate reference to Chapter 742 and to cite section 61.09, Florida Statutes. Robert denied paternity and demanded a jury trial on that issue. HRS responded that section 61.011 provides that proceedings for child support under that chapter are in chancery and that a person is not entitled to a jury trial in a chancery proceeding....

...a source for payment of alimony to the extent that the benefits accrued during the marriage. Mollnow v. Mollnow, 530 So.2d 399 (Fla. 1st DCA 1988); Zipperer v. Zipperer, 508 So.2d 551 (Fla. 1st DCA 1987). All dissolution proceedings are in chancery. § 61.011, Fla....

...of the estate being divided. This category of act is clearly one within the general authority of a circuit judge. Chapter 61, Florida Statutes, outlines in great detail the broad powers of circuit judges presiding over dissolution of marriage cases. Section 61.011 specifically provides that these proceedings are "in chancery," and accordingly authorizes circuit judges to use the tools of equity, including injunctions, to manage such cases to a fair conclusion....

provided for by statute. In pertinent part, section 61.11, Florida Statutes (1991), provides: When either

...quite similar, our standards of review in these two contexts are quite similar. 7 The fact that dissolution has its origins in chancery and not law also argues for greater deference in the process of appellate review. See § 61.011, Fla. Stat....

or fraudulently convey or conceal it ..." Section 61.11, Florida Statutes (1977). In the absence of

placing a lien against all appellant's assets. Section 61.11, Florida Statutes (1981), provides in part:

(Emphasis added.) The wife argues, however, that Section 61.11, Florida Statutes (1979), provides an exception

state, or fraudulently convey or conceal it." § 61.11, Fla. Stat. (1987). The writ is based upon the

not state whether it was entered pursuant to section 61.11(1), Florida Statutes (2009), which provides

...Rosen, 696 So.2d 697 (Fla.1997)). In fact, equitable considerations permeate the provisions of chapter 61. As the court observed in Rosen: [P]roceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla....

changes compare § 65.08 to § 61.08; § 65.11 with § 61.11; § 65.15 with § 61.14 and § 65.20 with § 61.19

becomes the property of the former wife. See Section 61.11, Florida Statutes (1975). It is apparent from

Habie to settle the dissolution proceedings. Section 61.11, Florida Statutes (1991), grants broad authority

...This was an erroneous basis for a correct ruling. [1] The test for the award of attorney fees under section 61.16, Florida Statutes, was succinctly set out by Justice Barkett in Nichols v. Nichols, 519 So.2d 620, 621 (Fla.1988): [T]he equitable considerations underlying our dissolution law, see section 61.011, Fla....

...We recall that dissolution of marriage proceedings in Florida are in chancery where the principles of equity govern the ultimate resolution. See Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997) ("proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law."); see also § 61.011, Fla....

court-ordered support obligation appear in section 61.11(2), Florida Statutes (2002). See generally Michael

this portion of the order that we reverse. Section 61.11(1), Florida Statutes (2006) provides for the

as opposed to the strict rule of law” (citing § 61.011, Fla. Stat. (1995)).

...and has the superintendent jurisdiction of all the infants in the kingdom.” See, also, Pomeroy’s Eq. Juris. (4th Ed.) §§ 1304, 1307. (quoting from the opinion of a commissioner in Fisher v. Guidy, 142 So. 818 (Fla. 1932)); accord § 61.011, Fla....

934 n. 1 (Fla. 3d DCA 1985) (citing in part section 61.11 and explaining that “[tjhis decision is without

...trial court’s ability to act in the best interest of the child in custody modification proceedings. This restriction on the trial judge is contrary to the intent of the Legislature to give trial judges wide latitude to work equity in chapter 61 proceedings. See § 61.011, Fla....

the same cannot be said twelve years later. Section 61.11(1), Florida Statutes (1997), provides as follows:

...Thus, Beers provides Susan the ability to pursue Jared for his alleged remote dissipation of their marital assets. Turning back to Isaac, we begin our analysis with the preliminary recognition that a dissolution action is an action in equity. See § 61.011, Fla....

execution. See § 61.16(2), Fla. Stat.; but cf. § 61.11, Fla. Stat. (authorizing a writ of bodily attachment

finding. We grant the petition as the language of section 61.11(2), Florida Statutes (2005), limits its application

transportation of the individual pursuant to Section 61.11(2)(a), Florida Statutes. PAYMENT SHALL BE MADE

furnish a bond as required by rule 1.610. See § 61.11(1), Fla. Stat. (1997) (“When either party is about

opposed to the strict rule of law." (citing § 61.011, Fla. Stat. (1995))). Foreclosing a litigant

hearings on the issue to justify relief under section 61.11, Florida Statutes (2004), in that he testified

2006. The injunction was entered pursuant to Section 61.11, Florida Statutes (2005). We affirm on the authority

writ of ne exeat to secure alimony or support. Section 61.11, Florida Statutes (1995), states: When either

...3d DCA 2017). III 3  In Florida, marital dissolution proceedings are in chancery, where principles of equity and fairness govern the ultimate resolution. See § 61.011, Fla....

of alimony or child support.” Id. at 109. Fla.Stat. §61.11 (1973): “. . . When either party is about

of the law and satisfies the requirements of section 61.11, Florida Statutes (2010). The amendments to

order for a wife to obtain the benefits of Section 61.11, Florida Statutes, F.S.A., which releases her

marital dissolution cases are provided for by section 61.11, Florida Statutes (1995), which provides: When

payments with injunctions, see, e.g., § 61.11(1), Fla. Stat. (2015), the injunctive relief provided

...Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980)). In Rosen , the supreme court pointed out “that proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law.” 696 So.2d at 700 (citing § 61.011, Fla....

1990) (holding that trial courts, pursuant to § 61.11, Fla.Stat. (1989), may enjoin a spouse’s attempt