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....

...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....

...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)....

...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....

...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....

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

...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....

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

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

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

marital dissolution proceedings are authorized by section 61.11, Florida Statutes, which 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....

...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....

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

...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....

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

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

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

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

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

...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....

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

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

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

...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

...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....

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

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

...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....

...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....

...35 Supreme Court noted in its seminal decision of Rosen v. Rosen, 696 so. 2d 697 (Fla. 1997): [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....

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

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

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

...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....

...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....

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

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:

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

...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 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

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