The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
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By thefitparentsrights

…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).

Continue reading The Due Process Clause guarantees more than fair process…

Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

Continue reading Is There a Difference Between Motioning for Reconsideration or Rehearing?

Justice4Children ~ Family Law and Child Welfare Reform

AFLA LOGO 2 - 2015Judges merely redirect the dysfunction of one parent as a means to achieve an equitable settlement without regard for children. Prospective lawyers to become judges practice under a code of ethics where they are only allowed to have regard their clients and not the children. A prospect practices under these rules of engagement for 20-30m years before a simple letter of appointment to the bench. They can in no way be expected to have regard for children after this indoctrination.

Family Law Reform sm - 2016The code of ethics for those lawyers practicing family law needs to change before anything gets better for children.

Just know the enemy of your children are the lawyers and judges themselves.

The Children’s Rights Facebook Group now has over 18,000 Members. We’re here for Parents who need morale support, information, and more. Come check us out!family court in focus - 2015

!! ATTENTION FLORIDA VOTERS !!

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DO NOT UNDER ANY CIRCUMSTANCES VOTE FOR ANY OF THESE LEGISLATORS WHO HAD VOTED AGAINST THE FAMILY REFORM BILL:

First Husbands Advocacy Group - Florida Alimony and Custody Laws Reform's photo.FOR SENATE SB 668 NAY VOTES:

Abruzzo (D-Wellington), Braynon (D-Miami Gardens), Bullard (D-Cutler Bay), Clemens (D-Lake Worth), Detert (R-Venice), Flores (R-Miami), Hukill (R-Port Orange), Joyner (D-Tampa), Legg (R-Lutz), Montford (D-Quincy),
 Ring (D-Margate), Sachs (D-Delray Beach), Smith (D –Ft. Lauderdale), Soto (D-Kissimmee)

FOR HOUSE SB 668 NAY VOTES:

Antone (D-Orlando), Avila (R-Hialeah), Berman (D-Boynton Beach), Bileca (R-Miami), Bracy (D-Ocoee), Campbell (D–Miami-Shores), Clarke-Reed (D-Pompano Beach), Cortes, J. (D-Kissimmee), Cruz (D-Tampa), Cummings (R-Orange Park), Dudley (D-St. Petersburg), Edwards (D-Sunrise), First Husbands Advocacy Group - Florida Alimony and Custody Laws Reform's photo.Fitzenhagen (R-Fort Meyers), Geller (D-Dania Beach), Ingoglia (R-Spring Hill), Jacobs (D-Coconut Creek), Jenne (D-Hollywood), Jones, M. (D-Jacksonville), Jones, S. (D-West Park), Kerner (D-Palm Springs), Lee, L (D-Ft. Pierce), Mayfield (R-Vero Beach, moved to Brevard), McGhee (D-Cutler Bay), Moskowitz (D-Coral Springs), Murphy (D-New Port Richey), Narain (D-Tampa), Pafford (D-West Palm), Powell (D-West Palm), Pritchett (D-Miramar), Rader (D-Boca Raton), Rehwinkel Vasilinda (D-Tallahassee), Richardson (D-Miami Beach), Rodriguez, J (D-Miami), Rouson (D-St. Petersburg), Slosberg (D-Delray Beach), Stafford (D-Opa Locka), Stark (D-Weston), Steube (R-Sarasota), Torres (D-Orlando), contact_rick_scott-sb-668Trujillo (R-Doral), Van Zant (R-Palatka), Watson, B. (D-Miami Gardens), Watson, C. (D-Gainesville), Williams (D-Tallahassee)

Remember to vote in the August primary and November general election!

First Husbands Advocacy Group – Florida Alimony and Custody Laws Reform

BRAVO and CONGRATULATIONS to this man.
He is FREE of his alimony tether.
We applaud your good fortune and wish you all the best in life and love.
You are an inspiration to all other reformers.
Mother's Blocking Access - 2016

Parental Alienation Awareness - IT IS CHILD ABUSE --2016As we had predicted …
What a bunch of crap.
No…we NEVER will respect nor “honor” any of you who are stealing from us via lifetime alimony.
Honor and respect has to be earned.

Ya’ll are and will be pieces of shit to us…and the kids will know that forever and ever and ever.

Fatherless Day Rallies In Every State and Across The Globe!!

FRM USA - 2015Our current system of resolving child custody disputes rarely considers either children’s needs from children’s own perspective, or current research on child custody outcomes.

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Civil Rights in Family Law Florida

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Equality for Floridian Men…Wait Another Year

Ask anyone who has experienced a divorce or child custody battle within Florida’s Family Court system…

…and at least one side will tell you that they got a raw deal.

RealNewsRealFast – Bringing Local News to You!

FLORIDA – For years, Fathers Rights Activists have fought for the courts to treat men as equals when it comes to time sharing with children.

What happened to EQUALITY - 2016But despite overwhelming progress with women and LGBT rights, men say the pendulum has swung too far, and now they’re being left in the dark ages of equality.fathers-and-equality-2015-16

Alimony is another area of heated debate in family courts and in recent months both issues reached Lawmakers in Tallahassee for proposed reform.

Family Law Reform sm - 2016Last September, Senator Tom Lee (R-Brandon) filed Senate Bill 250 which contained language that would direct judges to use guidelines based on the duration of a marriage and income, when calculating alimony. If the measure were to pass it would essentially put an end to permanent and bridge-the-gap alimony.

Lee later amended the Bill to include language that would create a presumption 50/50 time sharing by both parents, believing that it is in the best interest of the children.

Causes.com/Children's Rights
Causes.com/Children’s Rights
www.causes.com/posts/966250
Causes.com

Continue reading Equality for Floridian Men…Wait Another Year

Bad Florida Lawyers

60f39-state2bjudges2bare2bclowns2b-2b32bring2bcircus2b-2bafla2bblog2b-2b2015This lawyer was forging judges’ signatures on order. Not good:

Miami lawyer is facing multiple forgery charges after investigators found he forged the signatures of seven different Broward County and Circuit judges on documents related to civil cases involving structured settlements, according to court records.

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The Purpose of Family Court Hearings

There are various types of court hearings in family law and each serves a different purpose. Cordell & Cordell family law attorney Rebecca DeVincent joins DadsDivorce Live to explain the difference between each type of hearing, what the purpose of each is and what you can expect to happen at each one.

Source: DadsDivorce Live: The Different Types Of Family Law Hearings

Continue reading The Purpose of Family Court Hearings