Finn v. Finn
| Decision Date | 02 April 1974 |
| Docket Number | No. 73--1518,73--1518 |
| Citation | 294 So.2d 57 |
| Parties | Leonard H. FINN, Appellant, v. Mildred J. FINN, Appellee. |
| Court | Florida District Court of Appeals |
Shalle Stephen Fine, Miami, for appellant.
Murray Greenberg, Miami, for appellee.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
This is an interlocutory appeal from a post final judgment order, requiring the appellant to continue child support for his children past the age of 18 years.
The appellee commenced a marital litigation in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. On December 14, 1971, the trial court entered its final judgment and decree dissolving the marriage between the parties. That decree provided in part:
On November 29, 1973, the trial court, pursuant to post judgment motion by the plaintiff-wife, entered the order herein appealed, which reads as follows:
'THIS CAUSE came on for hearing on the motion of the plaintiff, MILDRED J. FINN, for an Order enforcing that portion of the final judgment heretofore entered in this cause on December 14th, 1971, ordering and directing the defendant, LEONARD H. FINN, to pay the sum of $100.00 per week child support for the support of the children of the parties, to wit, CURTIS FINN and KEITH FINN. It was agreed by and between counsel for the respective parties that said children attained the age of 18 years on September 29th, 1973. It was agreed further that as of that date LEONARD H. FINN, the defendant herein, and the father of said twin boys, stopped paying $100.00 per week child support. It was also agreed by and between the parties hereto that said children are each attending college and that neither of said children is physically or mentally disabled.
'Petitioner, the plaintiff herein, argued that under the terms of the final judgment said $100.00 a week child support was to continue until such time as the children attain the age of 21 years. Defendant argued that child support should terminate effective September 29th, 1973, the date on which the children attained 18 years of age.
'Upon consideration of all the foregoing, it is hereby
ORDERED AND ADJUDGED, as follows:
1. That the motion for enforcement of judgment be and the same hereby is granted in its entirety.
2. That defendant, LEONARD H. FINN, shall pay the sum of $100.00 per week for child support until the children, to wit, CURTIS FINN and KEITH FINN, attain the age of 21 years.
3. That defendant, LEONARD H. FINN, shall forthwith pay to the plaintiff, MILDRED J. FINN, all arrearages in child support existing as of the date of the signing of this Order together with interest thereon at the rate of six percent per annum.
4. That a hearing to settle the distribution of the remaining assets of the parties shall be and the same hereby is set for Monday, January 21st, 1974 commencing at 2:00 o'clock P.M.
5. That this Court shall retain jurisdiction of this cause for the purposes of enforcing the provisions of this Order.'
The trial court's post judgment order leading to this appeal finds, as a matter of fact, that Curtis and Keith Finn, the children of the parties, attained the age of 18 years on September 29, 1973, and it was further found that they were each attending college and that neither of them was physically or mentally disabled. The 1973 Legislature enacted Chapter 73--21, F.S. 1.01, F.S.A. That statute, Ch. 73.21, reads:
'Be it Enacted by the Legislature of the State of Florida:
'Section 1. Subsection (14) of section 1.01, Florida Statutes, is created to read:
1.01 Definitions
In-construing these statutes and each and every word, phrase or part hereof, where the context will permit:
(14) The word 'minor' includes any person who has not attained the age of 18 years.
The disability of nonage is hereby removed for all persons in this state who are 18 years of age or older and they shall enjoy and suffer the rights, privileges and obligations of all persons 21 years of age or older except as otherwise excluded by the Constitution of the State of...
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...Baker v. Baker, 80 Wash.2d 736, 498 P.2d 315, 319 (1972); Vicino v. Vicino, 30 Conn.Sup. 49, 298 A.2d 241, 244 (1972); Finn v. Finn, 294 So.2d 57, 59 (Fla.App. 1974). ...
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...courts to support the principle that a parent is responsible for the support of his children. Those citations include Finn v. Finn, 294 So. 2d 57 (Fla. Dist. Ct. App. 1974); Weinstein v. Weinstein, 148 So. 2d 737 (Fla. Dist. Ct. App. 1963); White v. White, 296 So. 2d 619 (Fla. Dist. Ct. App......
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Finn v. Finn
...WILLIS, Circuit Judge. This is a review of the judgment and opinion of the District Court of Appeal, Third District, in Finn v. Finn, Fla.App. (3rd), 1974, 294 So.2d 57. It is asserted that this decision is in direct conflict with Perla v. Perla, Sup.Ct.Fla.1952, 58 So.2d 689 and with Finch......
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Nicolay v. Nicolay, 79-656
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