Allison v. Allison, s. 91-2416
| Decision Date | 26 August 1992 |
| Docket Number | 91-3462,Nos. 91-2416,s. 91-2416 |
| Citation | 605 So.2d 130 |
| Parties | 17 Fla. L. Week. D1985 Rosemary ALLISON, Appellant/Cross Appellee, v. John R. ALLISON, Appellee/Cross Appellant. |
| Court | Florida District Court of Appeals |
Maurice Jay Kutner and Carolyn W. West of Maurice Jay Kutner, P.A., Miami, for appellant/cross appellee.
John R. Allison, III, pro se.
The appellant/cross appellee, Rosemary Allison (wife), and the appellee/cross appellant, John Allison (husband), appeal the trial court's final judgment of dissolution of marriage. We affirm in all respects, except we reverse the following trial court rulings and remand for further consideration.
Although the trial court did not abuse its discretion in awarding the husband an amount equal to one-half of the $38,000.00 certificate of deposit, the trial court did err in computing the husband's one-half interest at $16,500.00 rather than $19,000.00. Both parties agree that the husband's interest in the certificate of deposit should be credited "against the assets," instead of subtracted from the husband's final alimony payments to the wife. Thus, on remand, the trial court should modify the final judgment to reflect this change.
The wife argues that the trial court erred in retroactively modifying the husband's temporary alimony arrearage from $7,500.00 to $3,500.00. According to Moliver v. Moliver, 200 So.2d 613, 614 (Fla. 3d DCA 1967), a trial court can modify a temporary alimony award before final judgment is entered. In the instant case, however, it is unclear how the trial court calculated the deduction. Therefore, we remand to the trial court with instructions to clarify its order modifying the temporary alimony arrearage.
With respect to the wife's award of attorney's fees, we agree that the trial court erred in the amount awarded for the services her attorney's associate rendered. The trial court's findings for the associate's fees are considerably less than either the wife's or the husband's expert testimony on the issue. Because the evidence established the minimum reasonable attorney's fee at an amount greater than what the trial court actually awarded, we reverse and remand to the trial court with instructions to reevaluate the evidence or provide an explanation for its findings. See Hoopes v. Hoopes, 525 So.2d 1015, 1016 (Fla. 4th DCA 1988).
We also agree with the wife's contention that the trial court erred in reducing her attorney's fee award, after the final judgment of...
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Dent v. Dent, 2D03-699.
...case require an adjustment to be made in the final judgment. 1. I note that Kraus and Israel appear to conflict with Allison v. Allison, 605 So.2d 130 (Fla. 4th DCA 1992), and Burton v. Burton, 216 So.2d 480 (Fla. 4th DCA 1968), both of which held that a court could relieve a husband of an ......
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Demorizi v. Demorizi, 3D02-2063.
...v. Sweeney, 583 So.2d 398 (Fla. 1st DCA 1991), or redetermine property rights previously settled by final judgment. Allison v. Allison, 605 So.2d 130 (Fla. 4th DCA 1992). The overriding concern in this proceeding is to do equity. The dissolution statute itself states that its provisions are......
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Wright v. Wright, 94-2543
...issue of temporary support. While a trial court may modify a temporary support award before entry of final judgment, Allison v. Allison, 605 So.2d 130 (Fla. 4th DCA 1992), rev. denied, 618 So.2d 208 (Fla.1993), Moliver v. Moliver, 200 So.2d 613 (Fla. 3d DCA 1967), elementary notions of proc......
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Flores v. Flores, 4D02-1658.
...support payments are vested and accordingly cannot be retroactively reduced. She argues that our decision in Allison v. Allison, 605 So.2d 130 (Fla. 4th DCA 1992), which squarely holds that a temporary support order may be retroactively reduced, is in conflict with Israel v. Israel, 824 So.......
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Temporary relief
...obligation to make temporary support payments reversed due to wife’s lack of notice and opportunity to defend); Allison v. Allison, 605 So. 2d 130 (Fla. 4th DCA 1991) (trial court retroactively modified husband’s temporary alimony arrearage from $7,500 to $3,500); Moliver v. Moliver, 200 So......