Antenuptial Agreement

87 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Est. of Phillips Kindy v. Krongold AND Bass, P. A.
  310 So. 2d 349· Fla. 3d DCA· 1975-03-11 ·cited 4×
  Vernamae Kindy appeals an order enforcing an attorney's lien for 20% of her dower recovery against the law firm Krongold and Bass. The court reverses, holding that where an attorney-client relationship already exists and a new contingency fee agreement is entered into, the attorn
• Cowne v. James E. Weber ad litem of the Estate of Robert R. Snodgrass
  257 So. 2d 105· Fla. 4th DCA· 1972-01-21 ·cited 4×
  The Florida District Court of Appeal reversed a trial court's declaratory judgment regarding inheritance rights under an antenuptial agreement, holding that a court lacks authority to issue a declaration of rights when no justiciable controversy exists. The court affirmed the dis
• In re Est. of Merle F. Anderson v. Anderson
  149 So. 2d 65· Fla. 2d DCA· 1963-01-16 ·cited 4×
  Erline Anderson appealed a probate court's denial of her petition for a widow's family allowance from her deceased husband's estate. The core issue was whether she was barred from claiming the allowance due to her tardy and dilatory prosecution of the claim, despite having signed
• Levin v. Levin
  745 So. 2d 1077· Fla. 1st DCA· 1999-11-22 ·cited 3×
  In this Florida dissolution of marriage case, the appellate court affirmed most of the trial court's judgment but reversed and remanded three critical alimony-related issues: the trial court's failure to require the husband to secure alimony through life insurance or other assets
• Betts v. Hawkins
  202 So. 2d 135· Fla. 2d DCA· 1967-09-08 ·cited 3×
  Eleanor Hawkins challenged conveyances of homestead property executed by Frank Betts and his wife Elizabeth (Hawkins's stepmother) on grounds that the deeds violated her homestead rights and lacked valuable consideration. The Florida Court of Appeal reversed the trial court's dec
• Caldwell v. Jacques R. Caldwell
  915 So. 2d 728· Fla. 5th DCA· 2005-12-02 ·cited 2×
  Karen Caldwell appeals an order compelling arbitration of marital property division issues under an antenuptial agreement. The court affirmed, holding that Jacques Caldwell did not waive his right to arbitration by failing to demand it before the validity of the antenuptial agree
• Kersey v. Kersey
  802 So. 2d 523· Fla. 1st DCA· 2001-12-31 ·cited 2×
  In this dissolution of marriage appeal, the court addressed whether an oral prenuptial agreement could bar the former wife's claim for alimony. The court held that such an oral agreement is unenforceable under Florida's Statute of Frauds and that marriage alone does not constitut
• Dorthea Kaye Minnillo Neidermiller v. Amlong & Amlong, P.A.
  563 So. 2d 758· Fla. 4th DCA· 1990-06-13 ·cited 2×
  The Fourth District Court of Appeal affirmed the trial court's denial of a motion to vacate a default judgment foreclosing a charging lien held by an attorney firm. The court held that the appellant's challenge came too late, as she failed to object to the establishment of the ch
• In re Est. of Ethel Rifkin v. Rifkin
  359 So. 2d 1197· Fla. 3d DCA· 1978-06-06 ·cited 2×
  Patricia Koslow and Alan Winston, children of Ethel Rifkin, challenged their father Harry Rifkin's entitlement to a $50,000 legacy under Ethel's will by seeking to void his marriage to Ethel. They argued that Harry's prior marriage to Renee Davis was never validly annulled under
• Paris G. Singer v. Singer
  321 So. 2d 103· Fla. 4th DCA· 1975-10-17 ·cited 2×
  The court granted appellee's petition for rehearing and affirmed the trial court's final judgment of dissolution of marriage, holding that the trial court properly construed and enforced the parties' antenuptial agreement.
• Katharine T. Fulton v. First Nat'l Bank OF Fort Myers
  290 So. 2d 498· Fla. 2d DCA· 1974-02-20 ·cited 2×
  A fiduciary is not liable for losses due to a foreseeable stock market decline when acting prudently and in good faith.
• The First Nat'l Bank OF Janesville v. Nelson
  355 F.2d 546· 7th Cir.· 1966-01-10 ·cited 2×
  The court held that a bequest to a surviving spouse does not qualify for the marital deduction if the spouse is bound by a prior agreement to bequeath the remainder of the property to the decedent's beneficiaries.
• Hicks v. Simmons
  271 F.2d 875· 10th Cir.· 1959-10-29 ·cited 2×
  The court held that the oral contract to leave property to the adopted sons was enforceable, despite the formal adoption order, because the order did not fully embody the inheritance agreement and the contract was sufficiently performed.
• Katzman v. Hoffman
  242 F.2d 354· 3d Cir.· 1957-03-25 ·cited 2×
  The court held that a landlord and tenant relationship existed for certain periods, making rent regulations applicable and reversing summary judgment for the defendant.
• In re Est. of Adolph J. Marschall
  92 So. 2d 185· Fla.· 1957-01-16 ·cited 2×
  The Florida Supreme Court interpreted a testator's will to determine whether the widow's legacy of one-third of the estate should be calculated on the gross estate before or after deduction of federal estate taxes. The court held that because the testator expressly directed that
• Crowell v. Ebenezer M. Skipper
  6 Fla. 580· Fla.· 1856-01-01 ·cited 2×
  Crowell and Daughtry, as trustees, challenged a creditor's levy on enslaved property claimed to be settled for the separate use of the wife under a Georgia marriage settlement deed. The Florida Supreme Court reversed the lower court's judgment, holding that a valid marriage settl
• Norberto Menendez v. Rodriguez-Menendez
  871 So. 2d 951· Fla. 3d DCA· 2004-03-31 ·cited 1×
  In this Florida dissolution of marriage case, the former husband appealed the trial court's distribution of marital assets and custody determination, while the former wife cross-appealed certain asset distributions. The appellate court affirmed most of the judgment but reversed t
• Winter v. Kawasaki
  696 So. 2d 369· Fla. 2d DCA· 1996-12-20 ·cited 1×
  The court held that both the order granting temporary injunction and custody to the husband and the order transferring venue to Duval County were proper and should be affirmed.
• Cuillo v. Cuillo
  621 So. 2d 460· Fla. 4th DCA· 1993-04-01 ·cited 1×
  A wife in a dissolution action sought to invalidate an antenuptial agreement by claiming the husband misrepresented his finances and promised not to enforce it. The trial court ordered the wife and her former lawyer to answer discovery questions about privileged communications re
• Rich v. Rich
  Fla. 2d DCA· 2022-08-31
  The appellate court reversed a trial court's order awarding attorney's fees to the former husband and denying fees to the former wife. The reversal was based on a prior related appeal that required a new trial on key issues, necessitating reconsideration of the fee award.
• Sirgutz v. Sirgutz
  Fla. 4th DCA· 2021-04-28
  Under New York law, a husband's obligation to support his wife terminates upon his death unless the separation or antenuptial agreement either expressly provides for continuation or evinces from its terms read as a whole a clear intention that support payments continue notwithsta
• Sharyn Turchin v. Turchin
  16 So. 3d 1042· Fla. 4th DCA· 2009-09-09
  The court held that an antenuptial agreement specifically designating the distribution of jointly held property overrides the presumption of a gift when property is placed in both spouses' names.
• Tiby M. Martin v. Flavia Martin
  787 So. 2d 951· Fla. 2d DCA· 2001-06-08
  The court reversed the trial court's imposition of a constructive trust on the husband's assets in a dissolution of an eight-month marriage, holding that a constructive trust was improper because the parties had an antenuptial agreement, the wife's funds were commingled and untra
• Fernandez v. Fernandez
  710 So. 2d 223· Fla. 2d DCA· 1998-05-08
  An antenuptial agreement cannot contract away a spouse's future obligation to pay temporary alimony, costs, and attorney's fees during the period between filing for dissolution and the final judgment.
• MacKaravitz v. MacKaravitz
  710 So. 2d 57· Fla. 4th DCA· 1998-03-18
  In this dissolution of marriage case, the Florida Fourth District Court of Appeal reversed a trial court's award of lump sum alimony to the wife where the parties had executed a prenuptial agreement explicitly waiving all alimony rights. The court held that the trial judge imperm
• Constantine Kitsos v. Kitsos
  522 So. 2d 919· Fla. 3d DCA· 1988-03-08
  The court held that the trial court did not err in setting aside the antenuptial agreement, making equitable distribution, awarding attorney's fees, or setting child support.
• Levitz v. Levitz
  481 So. 2d 1319· Fla. 4th DCA· 1986-02-05
  In this divorce case involving an antenuptial agreement with escalating cash benefits based on marriage duration, the court reversed the trial judge's interpretation that the filing date of a dissolution petition controlled the payout calculation, holding instead that the actual
• Evered v. Edsell
  464 So. 2d 1197· Fla.· 1985-02-28
  The court held that the presumption of undue influence or overreaching applicable in dissolution of marriage cases does not apply to antenuptial agreements contested in probate proceedings.
• Brown v. Hammonds
  747 F.2d 320· 5th Cir.· 1984-11-30
  The court held that the district court correctly dismissed the suit for want of subject matter jurisdiction due to the domestic relations exception.
• Est. OF Mary King Patterson v. Commissioner OF Internal Revenue
  736 F.2d 32· 2d Cir.· 1984-05-30
  The remainder interest in a testamentary trust was properly includable in the decedent's gross estate for estate tax purposes because it passed to the decedent outright and she did not disclaim it.
• Mahmood Mohammad v. Shahla Mahvis Mohammad
  371 So. 2d 1070· Fla. 1st DCA· 1979-06-06
  The appellate court reviewed a trial court's order on remand concerning child custody, an antenuptial agreement, and attorney's fees, and also considered the husband's appeal of alimony and property division provisions.
• Maloy v. Maloy
  362 So. 2d 484· Fla. 2d DCA· 1978-09-20
  Catherine Maloy appeals the denial of $5,000 due under her antenuptial agreement with her former husband Michael Maloy. The trial court denied the payment based on Catherine's admitted adultery. The court reversed, holding that adultery does not defeat an antenuptial agreement th
• Seltsam v. Seltsam
  352 So. 2d 136· Fla. 4th DCA· 1977-11-22
  A wife appealed a final divorce judgment denying her alimony based on an antenuptial agreement clause limiting the husband's support obligation to the duration of marriage. The appellate court reversed, holding that the agreement does not absolutely bar alimony claims and remandi
• Broxmeyer v. Hillary Broxmeyer
  289 So. 2d 426· Fla. 3d DCA· 1974-01-22
  The court held that the husband's actions in withholding support payments did not constitute a repudiation of the property settlement agreement by the wife, thus the agreement remained enforceable.
• Ellis v. Commissioner OF Internal Revenue
  437 F.2d 442· 9th Cir.· 1971-02-03
  The court held that the value of marital rights relinquished by the trust beneficiary could not be subtracted from the gift tax calculation because the antenuptial agreement was void under Arizona law.
• Posner v. Sari Posner
  237 So. 2d 186· Fla. 3d DCA· 1970-06-30
  The court affirmed an order awarding temporary alimony, child support, and attorney fees to the wife, finding that an antenuptial agreement did not waive the wife's right to attorney fees and that the awarded fees were not excessive.