MIAMI — An appeals court in Miami just shot down Miami Heat superstar Dwyane Wade in his on-going custody battle against ex-wife Siohvaughn Funches.
The Third District Court of Appeals announced minutes ago it ruled against Wade in his attempt to have Funches, the mother of his two boys, mentally evaluated and her time with their children further reduced.
The court found that Funches’ videotaped protest against a court system that she believes is against her over the summer (video below) didn’t provide a sufficient reason to have her studied by a shrink!
Wade’s lawyers used the protest to allege that Funches is mentally unstable and a danger to others to support their attempt to limit her interaction with her sons.
Today’s opinion: Funches was a woman “passionately voicing her views,” it reads.
What’s more, the appeals court also ordered the judge on the case, Antonio Marin, removed for his siding with Wade and denying Funches “the most basic right of due process.”
Funches’ Florida lawyer, Lisa Macci, saluted the appeals court’s decisions. She’s claimed that Marin was more star-struck than impartial.
“We’re getting a new judge and the order that Siohvaughn undergo a psychological evaluation is no more,” Macci said. “Justice prevailed. I’m just happy the appeals court was not swayed by (Wade’s) celebrity status as law should not be.”
Evan Marks, Wade’s local lawyer, has yet to return calls for comment.
Despite the fact that Wade’s divorce has been final for three years, the aftermath of the case morphed into increasingly bitter court battles both in his native Chicago and SoFla estimated to have cost Wade in excess of $10 million. So far!
While Wade originally filed for divorce in 2008, issues pertaining to the custody of the boys were moved to Miami last year while financial issues remained under the jurisdiction of a Chicago judge.
Funches’ protest was staged in front of the downtown Chicago courthouse.
Judge Marin, meanwhile, made big news for strange court rulings. Two years ago, the judge signed off on DUI killer and Wellington polo mogul John Goodman‘s adoption of his grown girlfriend in an attempt to dip into trust funds only available to his children. He also signed off on the joint adoption of a baby by three parents, a lesbian couple and the father.
Check out the video of Funches’ protest that caused Wade to seek an order preventing her from seeing their two sons: