Appeals

Attorney Scott Appeals a Trial Court’s Ruling Declaring Child Dependent Based on Corporal Punishment

Attorney Scott represents the Father in a case where the Department of Children and Families (DCF) took his four-year-old son away based on bruising that resulted from corporal punishment.  Corporal punishment is legal in Florida if it does not result in significant bruising or serious harm to the child.  The trial court ruled against the Father and in favor of DCF.  Attorney Scott appealed and lost, but the battle is not over.  His Motion for Rehearing before the entire Third District Court of Appeal is still pending.  You can read the facts and legal arguments in the briefs:

• Father Initial Brief

• Answer Brief of Guardian ad Litem

• Answer Brief of Department of Children and Families

• Father Reply to DCF Answer Brief

• Father Reply to GAL Answer Brief

• Opinion of Appellate Court

• Father Motion for Rehearing En Banc

Appeal of Court’s Dismissal of Wife’s Divorce Petition Because Husband Obtained Divorce in Greece

In 2007, the wealthy older Husband married the young Wife in Greece.  They then moved to Florida where they resided continuously until 2021 when the Husband filed for divorce in Greece.  Three months later, the Wife hired attorney David Scott and filed for divorce in Florida.  To prevent the Wife from seeking her share of assets acquired in Florida during the marriage, the Husband filed for bankruptcy in Florida claiming he had no assets.  The Wife maintained he had transferred all his assets to family members.  The bankruptcy case stalled the Wife’s divorce case, but the Husband was free to push his divorce case in Greece.  In 2023, the Husband obtained a divorce decree in Greece and immediately requested the Florida court dismiss the Wife’s divorce case claiming the parties were already divorced, and that the Wife was precluded from seeking alimony or property rights in Florida because she had not sought them in the Greece case.  The Wife appealed the dismissal and is awaiting a decision from the appellate court.  Read the legal arguments contained in the parties’ briefs to the appellate court.

• Wife Initial Brief

• Wife Appendix to Initial Brief

• Husband Answer Brief

• Wife Reply Brief

• Wife Appendix to Reply Brief

Attorney Scott Appeals a Trial Court’s Ruling Giving Young Child to Mother who Declared She Would Alienate the Child from the Father

Attorney Scott represents the Father in a case where the trial court gave primary custody of the child to the Mother despite the overwhelming evidence showing that the Mother suffered from mental health problems and stated time and time again on the record that she would alienate the child from the Father and make the child hate him. You can read the facts and legal arguments in the Father’s Initial Brief to the Appellate Court filed on August 11, 2024

• Appellant’s Initial Brief