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You Want How Many Bites At The Apple!!!! You?re Kidding, Right?!?

One ? okay. Two ? not so fast! Three ? that?s crossing the line. Well, how about ten?!?

In Ayala v. Gonzalez, 33 Fla. L. Weekly D336 [Fla. 5th DCA 2008] and in Ayala v. Gonzalez, 33 Fla. L. Weekly D1230 [Fla. 5th DCA 2008][Clarification of Opinion and Denial of Motion for Rehearing], sanctions against the former wife and her attorney in a divorce case in the form of an award of appellate attorney fees to former husband were warranted according to the Fifth District Court of Appeal.

This case was on appeal from the third denial of the wife's request for relief from a mediated settlement agreement that was incorporated into the Final Judgment of Dissolution of Marriage which was never appealed [actually, the wife had brought ten unsuccessful appeals in this case, one of which involved a request for identical relief] and the wife, through her counsel, had tried, through a variety of unsuccessful means, at various judicial levels on nine different occasions to invalidate the mediation settlement agreement.

By the way, res judicata still means something!

Oh, one more thing ? do you think it?s a good idea to tell the appellate court that is has ?made an absolute muddle of several foundation concepts in the law?? I didn?t think so!

Please read both opinions to gather all the facts.

To email me, click Perry S. Itkin.

Full post as published by Florida Mediator on August 17, 2008 (boomark / email).