KAMAL MORCOS, APPELLANT,
v.
A.M.I.S.U.B. NORTH RIDGE HOSPITAL, INC. AND MADELINE MORCOS, APPELLEES
KAMAL MORCOS, APPELLANT,
A.M.I.S.U.B. NORTH RIDGE HOSPITAL, INC. AND MADELINE MORCOS, APPELLEES
620 So. 2d 1293
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse a summary judgment in favor of the hospital and remand for further proceedings. The record reflects issues of fact as to whether Appellant signed a guarantee agreement while sedated and whether there was an oral contract between the parties. We note that Appellant withdrew the accord and satisfaction aspect of his defense at oral argument.
HERSEY, GUNTHER and STONE, JJ„ concur.
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Hadi B. Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005)…98) (noting that “Belcher still requires one spouse, who has the ability, to support the other more needy spouse until a final judgment of dissolution is entered even in the face of an antenuptial agreement to the contrary”); Appelbaum v. Appelbaum, 620 So. 2d 1293 (Fla. 4th DCA 1993) (holding that a waiver cannot be conclusive for the period before dissolution); Lawhon v. Lawhon, 583 So. 2d 776, 777 (Fla. 2d DCA 1991) (noting that a husband’s duty of [*1158] spousal support during the marriage cannot be “waiv…
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Silver v. Silver, 898 So. 2d 145 (Fla. 4th DCA 2005)…now argues that an ante-nuptial agreement cannot waive all attorney’s fees and the court must consider both the agreement-and the financial resources of both parties as required by section 61.16, Florida Statutes (2002). In Appelbaum v. Appelbaum, 620 So. 2d 1293 (Fla. 4th DCA 1993), this court held, in a case determining whether to award' attorney’s fees to a spouse in a dissolution action involving a waiver of attorney’s fees in an antenuptial agreement, that: This [waiver of alimony, suit money, etc.] ca…
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Balazs v. Zoltan Balazs, 817 So. 2d 1004 (Fla. 4th DCA 2002)…eable, expressly relying on Belcher. One would have to think that Casto effectively made both Belcher and Mulhem invalid as to the unenforceability of these kinds of nuptial agreements. Nevertheless, in the post-Casto case of Appelbaum v. Appelbaum, 620 So. 2d 1293 (Fla. 4th DCA 1993), we followed both Belcher and Mulhem and refused to enforce a valid .nuptial agreement waiving any claim to attorney’s fees in a divorce action. Counsel for the party who sought enforcement of the nuptial agreement in this case h…1 / 2
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