JAMES T. MAYNARD, APPELLANT/CROSS-APPELLEE,
v.
NONA MAYNARD, APPELLEE/CROSS-APPELLANT

Fla. 3d DCA | 1989-08-15
No. 88-2936
Before NESBITT, BASKIN and COPE, JJ.
547 So. 2d 714 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have considered the husband’s appeal and the wife’s cross-appeal of the amended final judgment of dissolution of marriage. We find merit only in the wife’s contention on cross-appeal that the trial court erred in failing to award her interest on her half of the parties’ $100,000 certificate of deposit from the time of the final hearing until the time she obtains possession of the funds. Graham v. Graham, 519 So. 2d 29 (Fla. 4th DCA 1987); see Parker v. Brinson Constr. Co., 78 So. 2d 873 (Fla.1955); Dade County v. American Re-Ins. Co., 467 So. 2d 414 (Fla. 3d DCA 1985). Accordingly, we reverse that portion of the trial court’s judgment and remand to the trial court with directions to award the wife interest. We affirm the final judgment in all other respects. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).

Affirmed in part; reversed in part; remanded with directions.


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  • Franco v. State, 777 So. 2d 1138 (Fla. 4th DCA 2001)
    …n attorney may be grounds for disqualification when such prejudice is of a degree that it adversely effects the litigant. Ginsberg v. Holt, 86 So. 2d 650 (Fla.1956). The focus in criminal cases should be on the defendant’s rights. Robinson v. Tobin, 547 So. 2d 714 (Fla. 3d DCA 1989). We agree with appellant that the trial court should have granted the motion to disqualify. Accordingly, another judge should be assigned for appellant’s new trial. We have considered the other issues raised by appellant and find…
  • Gates v. State, 784 So. 2d 1235 (Fla. 2d DCA 2001)
    …when such prejudice is of such a degree that it adversely [ajffects the litigant.” Franco v. State, 777 So. 2d 1138, 1140 (Fla. 4th DCA 2001). The focus in a case such as this should be on the rights of the defendant. Id. (citing Robinson v. Tobin, 547 So. 2d 714 (Fla. 3d DCA 1989)). The party moving for disqualification does not need to establish that the judge is actually biased against him or her, but the motion and affidavit are legally sufficient if they demonstrate that party’s “well grounded fear” of…
  • Allen v. Homes & Land Publ'g, Ltd., 721 So. 2d 1216 (Fla. 1st DCA 1998)
    …er issued. Having now considered the response filed on behalf of respondent Homes & Land Publishing, Ltd., which opposes Allen in the circuit court pending litigation, we find that the motion for disqualification was well taken. Robinson v. Tobin, 547 So. 2d 714 (Fla. 3d DCA 1989). Accordingly, we grant the petition and issue the writ of prohibition, directing Judge Davey to enter an order of disqualification and request the Chief Circuit Judge to assign a new judge to preside over the action between Allen…

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