Florida Legal Blog

Richard Mockler Richard Mockler

Florida Divorce, Bankruptcy & the Marital Home: Understanding the Application of the Automatic Stay

A bankruptcy filing does not stop every part of a Florida divorce, but it can sharply limit what the family court may do with a marital home that is property of the bankruptcy estate. This guide explains temporary exclusive possession, bankruptcy exemptions, relief from the automatic stay, domestic violence proceedings, and why converting a Chapter 11 case to Chapter 7 does not create a new automatic stay.

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Richard Mockler Richard Mockler

How Florida Calculates the Marital Interest in a Premarital Home

A home purchased before marriage usually begins as nonmarital property, but mortgage principal paid with marital funds—and appreciation connected to those payments or marital efforts—may create a substantial marital interest. Florida’s statutory formula requires careful valuation, tracing, and presentation of the evidence.

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Richard Mockler Richard Mockler

Florida Alimony in 2026: Bridge-the-Gap vs. Durational Alimony

A 2026 Florida alimony decision exposes cherry-picked income, inflated need, the impact of domestic violence on alimony claims, and why historical earnings can prove future ability to pay Florida alimony. The opinion offers an unusually candid look at the stories spouses tell during alimony litigation. One spouse overstated how domestic violence affected her employability, while the other minimized his income and lifestyle despite a history of substantial earnings and a $5,000 concert-ticket purchase.

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Richard Mockler Richard Mockler

Florida Defamation Claims: What You Must Prove, Common Defenses, and Damages

False statements can destroy a person’s reputation, career, business relationships, and credibility. Florida defamation law provides remedies for libel and slander, but successful claims require proof of specific legal elements, careful evidence preservation, and a strategic response to common defenses.

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Richard Mockler Richard Mockler

Tortious Interference in Florida: How to Prove the Claim, Defend Against It, and Measure Damages

Tortious interference is a powerful Florida business tort, but it is not a shortcut for every broken deal, lost customer, or competitive business loss. A successful claim usually requires proof of a real contract or identifiable business relationship, the defendant’s knowledge of that relationship, intentional and unjustified interference, causation, and measurable damages. This article explains how Florida courts analyze tortious interference claims, the difference between interference with a contract and interference with a business relationship, common defenses such as privilege, competition, lack of causation, and the “stranger” doctrine, and the types of damages that may be available in a Florida business litigation case.

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Richard Mockler Richard Mockler

Can You Recover Attorney’s Fees for Litigating the Amount of Attorney’s Fees in a Florida Family Law Case?

Can a Florida family law party recover attorney’s fees incurred litigating the amount of attorney’s fees? The answer currently depends on the appellate district and the type of fee proceeding. Florida’s Second, Third, and Fourth District Courts of Appeal have reached different conclusions, and the Florida Supreme Court has accepted review in Schultheis v. Schultheis.

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Richard Mockler Richard Mockler

The Delayed Discovery Doctrine in Florida Business Tort Cases: What Davis v. Monahan Means for Fraud, Civil Theft, Conversion, FDUTPA, Trade Secrets, and Fiduciary Duty Claims

Florida law does not automatically pause the statute of limitations just because a business owner did not discover misconduct right away. In Davis v. Monahan, the Florida Supreme Court limited the delayed discovery doctrine and made clear that many business tort claims can expire before the injured party fully understands what happened.

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