Davis v. Davis, HH-372

Decision Date05 May 1978
Docket NumberNo. HH-372,HH-372
Citation358 So.2d 126
PartiesLatham DAVIS, Jr., Appellant, v. Mary B. DAVIS, Appellee.
CourtFlorida District Court of Appeals

Selig I. Goldin, Gainesville, for appellant.

W. C. O'Neal of Chandler, O'Neal, Gray, Lang & Haswell, Gainesville, for appellee.

SMITH, Judge.

Latham Davis, Jr., appeals from a final judgment of dissolution awarding his former wife $2,200 per month alimony until she dies or remarries, and providing that the alimony obligation shall survive Mr. Davis' death and be secured by a lien against Mr. Davis' interest in certain real property.

Mr. Davis petitioned for dissolution when he was 56 years old and Mrs. Davis was 59. They had been married 27 years and had enjoyed a very comfortable standard of living, including frequent travel, country club membership, and other amenities of an affluent life. Both were in reasonably good health but Mr. Davis had retired from active employment on his doctor's advice. Mrs. Davis had never been employed outside the home and had no training for employment, but the court found that her contribution to the marriage had enabled Mr. Davis to accumulate a substantial estate in his own name. Mr. Davis had assets valued at over $2,000,000 and annual income in retirement of $100,000.

Without continuing alimony payments, Mrs. Davis would be subject to a substantial, perhaps shocking, change of financial position if Mr. Davis should predecease her. Considering all these unique circumstances, the trial court did not err in extending Mr. Davis' alimony obligation beyond his death and in making the obligation a charge on his estate. First National Bank in St. Petersburg v. Ford, 283 So.2d 342 (Fla.1973). We consider, however, that the trial court should have explicitly reserved jurisdiction to consider making a lump sum award to Mrs. Davis, equivalent to the then present value of her interest in receiving lifetime alimony, in the event of Mr. Davis' early death. Such an award would preclude an indefinite delay in closing the estate, reducing hardship and inconvenience to the executor and beneficiaries alike. The judgment is accordingly modified.

The trial court exceeded its power in making the alimony obligation a lien against certain of Mr. Davis's real property holdings. While trial courts have authority to make provisions securing alimony payments, that power is to be exercised only "(w)hen either party is about to remove himself or his property out of the state, or...

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6 cases
  • Cornelius v. Cornelius
    • United States
    • Florida District Court of Appeals
    • September 18, 1979
    ...be made a charge against his estate. See First National Bank in St. Petersburg v. Ford, 283 So.2d 342 (Fla.1973); Davis v. Davis, 358 So.2d 126 (Fla. 1st DCA 1978).2 See Jackson, The No-Fault Concept: Grounds and Defenses, Florida Family Law Section 21.1 (2d Ed. 1972).3 For an excellent exa......
  • Kennedy v. Kennedy, AS-413
    • United States
    • Florida District Court of Appeals
    • March 7, 1985
    ...mortgages to secure his payment of periodic alimony. Relying on White v. White, 429 So.2d 730 (Fla. 1st DCA 1983), and Davis v. Davis, 358 So.2d 126 (Fla. 1st DCA 1978), he argues that the evidence was insufficient to support a finding of intent on his part to convey or conceal assets for t......
  • Hunt v. Hunt, 00-145
    • United States
    • Florida District Court of Appeals
    • March 4, 1981
    ...382 So.2d 1197 (Fla.1980). However, the court should have retained jurisdiction to award alimony in the future. See Davis v. Davis, 358 So.2d 126 (Fla. 2d DCA 1978); Mumm v. Mumm, 353 So.2d 134 (Fla. 3d DCA 1977); Hyatt v. Hyatt, 315 So.2d 11 (Fla. 3d DCA 1975). Mrs. Hunt was sixty years ol......
  • Stith v. Stith
    • United States
    • Florida District Court of Appeals
    • June 11, 1980
    ...approved an alimony award charged against the obligor's estate, Rouse v. Rouse, 313 So.2d 458 (Fla. 3d DCA 1975), and Davis v. Davis, 358 So.2d 126 (Fla. 1st DCA 1978), we felt that there was a serious question whether a trial judge in Florida has the authority to make such an award based o......
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