No. 21-1594

Preston L. Drane v. Stephania Drane

Lower Court: Florida
Docketed: 2022-06-27
Status: Denied
Type: Paid
Experienced Counsel
Tags: disability-payments divorce-proceedings equitable-distribution expert-testimony military-benefits military-disability pension-division uniformed-services-former-spouses-protection-act uniformed-services-protection-act veterans-benefits
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a court may disregard military documentation showing that a veteran's payments are for disability and instead rely on expert testimony to conclude the payments are a divisible pension

Question Presented (OCR Extract)

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?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Brief of respondent Stephania Drane in opposition filed.
2022-05-10
Application (21A695) granted by Justice Thomas extending the time to file until June 22, 2022.
2022-05-10
Petition for a writ of certiorari filed. (Response due July 27, 2022)
2022-05-05
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.

Attorneys

Preston L. Drane
Andrew Brooks GreenleeAndrew B. Greenlee, P.A., Petitioner
Stephania Drane
John Nicholas BogdanoffThe Carlyle Appellate Law Firm, Respondent