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01/10/2014
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Changing Family Law – Florida Judge Overturns Ban on Gay Marriage

On July 17, 2014 Circuit Judge Luis M. Garcia overturned the ban on Gay Marriage in Florida. The case was in the 16th Circuit which only encompasses Monroe County Florida. Therefore, this decision is not binding on any other trial court. In addition it is not binding on any other County Clerk.

A Circuit Judge’s orders are only binding on Courts and Clerks within its own circuit. This means that the Alachua and Marion County Clerks are free to ignore the ruling. Furthermore, the State has filed a Notice of Appeal. Therefore it is possible that enforcement of the Court’s order will be stayed or paused pending the appeal. As of the typing of this blog, the Clerk’s Office website did not have docketed a motion to stay the order pending the outcome of an appeal.

For now all of my colleagues and I are anxiously awaiting the anticipated increase in legal fees and legal work for divorce law that will be filed in the years to come. If this ruling stands, then there will be a drain on the supply of legal services which means the price to the consumer will increase.

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Read the opinion here