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Preston L. Drane v. Stephania Drane

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D21-193 · judgment February 22, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In a dissolution of marriage proceeding, may a court disregard military documentation showing that a veteran is receiving payments for disability, which are not subject to equitable distribution under the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408(a)(4)(A), and instead rely on expert testimony to conclude that the payments are a pension that may be divisible upon divorce?

Counsel of record

For petitioner
Andrew Brooks Greenlee
Andrew B. Greenlee, P.A.

For respondent
John Nicholas Bogdanoff
The Carlyle Appellate Law Firm

Case

Conference history
Distributed for 1 conference

Linked docket
21A695

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 26 2022
    Brief of respondent Stephania Drane in opposition filed.
  4. May 10 2022
    Application (21A695) granted by Justice Thomas extending the time to file until June 22, 2022.
  5. May 10 2022
    Petition for a writ of certiorari filed. (Response due July 27, 2022)
  6. May 05 2022
    Application (21A695) to extend the time to file a petition for a writ of certiorari from May 23, 2022 to June 22, 2022, submitted to Justice Thomas.