He begins a series of personal attacks towards me in the italicized section below. That's really not something you want to do in an appeal. Appellate judges really dislike it.
I. The Trial Court Did Not Deny Former Wife’s Motion For Protective Order in Regard to Her Home and Work Addresses.
Summary
The Trial Court did not deny the Wife’s Motion For Protective Order. 2 R. 223-223. In fact, the parties entered into an Agreed Order, whereby the Wife’s Motion for Protective Order was granted in part. The Wife agreed to disclose her address to Former Husband’s counsel, and Former Husband’s counsel agreed not to disclose Former Wife’s address to the Former Husband. There is no issue here, since the resulting Order on Wife’s Motion for Protective Order was an Agreed Order, the Wife has absolutely no legal basis to appeal it. The parties entered in to the Agreed Order via their respective counsel, and there was no objection filed as to this Agreed Order, nor was a Motion to Vacate Order ever filed.
Argument
The Trial Court did not deny the Wife’s Motion For Protective Order. 2 R. 223-223. The Former Wife chooses to ignore the fact that the parties entered into an Agreed Order, whereby the Wife’s Motion for Protective Order was granted in part. The Wife agreed to disclose her address to Former Husband’s counsel, and Former Husband’s counsel agreed not to disclose Former Wife’s address to the Former Husband. There is no issue here, since the resulting Order on Wife’s Motion for Protective Order was an Agreed Order, the Wife has absolutely no basis to appeal it.
The Motion For Protective Order was not even filed by the Former Wife until May 14, 2012, which was approximately one month prior to the scheduled trial date. The filing of the Motion For Protective Order was a transparent, frivolous attempt to prevent the Husband from obtaining discovery which was material and necessary to the proper defense of the Wife’s claims for spousal support, equitable distribution and attorney’s fees and costs. The Wife’s living expenses and her employment information was material to the Husband’s defenses. On the one hand, the Wife wanted the Husband to pay her support, but then she refused to disclose her living situation, her expenses, her income, and most importantly, refused to allow the Husband to discover whether or not her assertions as to her claims for the items were true and correct. The court had already ordered the Wife to provide this information to the Husband time and time again. The Wife brought her Motion for Protective Order simply for the purpose of avoiding and evading production of mandatory discovery to the Former Husband, discovery which had been previously ordered to be provided to the Husband. The Former Wife sought to avoid providing answers to Standard Family Law Interrogatories under Florida Family Law Rules of Procedure form 12.930(b). Former Wife was duly served with Request for Standard Family Law Interrogatories and Request to Produce on March 22, 2011. 1 R. 7-14; 1 R. 15-15. She refused to comply with the requested disclosure in the time and manner prescribed by law, never filed any objections, nor did she request any extension of time.
The Former Wife, in her Amended Initial Brief, attempts to paint herself as an alleged victim of domestic violence. This is either simply a self-serving portrait of the Wife, or the ravings of a delusional individual, as there is absolutely nothing in the record indicating that she is a victim of domestic abuse. Even if there was, the designation would be completely irrelevant, as the parties entered into an agreed order as to the Wife’s Motion for Protective Order. The Wife, in her Amended Initial Brief, simply seeks to introduce new evidence to the court…she does not reference anything in the record other than her own unsubstantiated claims. Finally, since the Order was an Agreed Order, the Former Wife simply has no basis to appeal it.
