Bad Faith & Attorney's Fees

An appellate rule change pending now before the Florida Supreme Court could make it easier for a party to seek attorney's fees and costs when the other side acts frivolously or in bad faith. The change was recommended by a vote of 39-0 by the Appellate Court Rules Committee. Under the current rules there is a deadline for lawyers to seek fees and costs from the other side pursuant to Florida Statute, section 57.105. If the bad conduct on the other side occurred after that time deadline, then technically the lawyer could not see relief through fees and costs. The change proposed modifies the rules to allow the lawyer to move for fees and costs because of bad conduct at any point in the case. It is clearly a logical and necessary rule change to try to curtail bad behavior.

UPDATE: Bill Becomes Law

Earlier this week, Governor Charlie Crist signed into law SB 904. That bill creates a statutory scheme for parenting coordinators, streamlines relocation litigation, clarifies the modification standard for cases involving parental responsibility, timesharing and parenting plans and establishes clearly the professionals capable of making parenting plan recommendations. This is especially remarkable in a year when little more than 10% of the over 2,000 filed bills passed both houses of the Legislature.

Iran's Election

Early last week I began trying to determine when exactly it would be likely for us to learn who had won the election in Iran. I contemplated the time zone difference and the small number of Western news outlines operating inside Iran. But truly I didn't contemplate the problems that are now suspected. Will we ever know who really won the election? It would be a shame not to, for so many reasons, not the least of which is the turnout of 85% of Iran's voting population. That is an astounding percentage of people who felt their voice would be heard and needed to be heard. It is another reminder to me of the wonder of our own democracy, warts and all.

Pending Bill on Children's Issues

The Children's Issues Bill (CS/CS/CS/SB 904) was sent to Governor Crist on Wednesday, June 3, 2009. It is now awaiting the Governor's signature. Some of the highlights of this bill include:

* The bill recognizes and authorizes the parenting coordination process and provides long-overdue qualifications for those serving as parenting coordinators and standards and safeguards for the process itself.

* The bill corrects a mistaken interpretation of last year's parenting bill that modification actions no longer required a showing of a substantial, material and unanticipated change in circumstances.

* The bill provides needed clarification that there is no presumption for or against any particular time-sharing schedule.

* The bill clarifies and streamlines the process to be followed when a parent seeks to relocate his or her residence.