Fla. appeals court chastises judge over compassion
Legal News Center
A Florida appeals court has chastised a judge for granting extensions in a foreclosure case for compassionate reasons.
The Third District Court of Appeal ruled last week that Circuit Judge Valerie Manno Schurr could not grant extensions solely on grounds of benevolence or compassion.
Schurr had given a Miami couple an extra month to sell their house. The judge said in court she understands times are bad and that she hates to see anyone lose a home.
The appeals judges ruled that the law doesn't allow compassion or benevolence alone to be used as the basis for such a decision. The court said the continuance was an abuse of judicial discretion and the one-month delay should not have been granted.
The house was sold at auction last week for $1.3 million.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.