Releases from the 5th DCA 01/20/12

EQUITABLE DISTRIBUTION

Robertson v. Robertson, 78 So. 3d 76, 2012 Fla. App. LEXIS 670 (Fla. 5th DCA 2012) held that where the husband registered a domain name in his name ten days before the wedding in order to develop a website, the trial court correctly found that the domain name and the website business were nonmarital property. However, because the husband continued to work on his website, becoming the business from which the family derived the majority of its income, the wife was entitled to have the enhanced value of the business considered as part of the equitable distribution because it was the husband’s efforts during the marriage that enhanced the value of the website business.  

See http://www.5dca.org/Opinions/Opin2012/011612/5D09-4060.op.pdf

STANDING / SANCTIONS

In Deutsche Bank Nat'l Trust Co. v. Lippi, 78 So. 3d 81, 2012 Fla. App. LEXIS 679 (Fla. 5th DCA 2012), the court reversed an order dismissing the bank’s complaint as a sanction.  The bank established standing by being the holder of the note and mortgage in question.  The blank endorsement meant the note was payable to the bearer.  The dismissal did not comply with Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). 

See http://www.5dca.org/Opinions/Opin2012/011612/5D10-946.op.pdf

ATTORNEY’S FEES

Barreau v. Peachtree Cas. Ins. Co., , 79 So. 3d 843, 2012 Fla. App. LEXIS 673 (Fla. 5th DCA 2012) held that where the insurer took almost nine months to make payments under its policy, it was error in not awarding attorney’s fees for the time spent in pursuing the insured’s claims where the record was devoid of any factual basis for the insurer’s belief that the insured had staged the accident.

See http://www.5dca.org/Opinions/Opin2012/011612/5D10-3637.op.pdf