De La Guardia v. De La Guardia, 87-2950
| Decision Date | 20 December 1988 |
| Docket Number | No. 87-2950,87-2950 |
| Citation | 14 Fla. L. Weekly 14,536 So.2d 1115 |
| Parties | 14 Fla. L. Weekly 14 Agustin DE LA GUARDIA, Appellant, v. Josefina DE LA GUARDIA, Appellee. |
| Court | Florida District Court of Appeals |
Siegfried, Kipnis, Rivera, Lerner & De La Torre and Helio De La Torre, Coral Gables, for appellant.
Paul Morris, Coral Gables, Marsha B. Elser, Miami, for appellee.
Before BARKDULL and DANIEL S. PEARSON, JJ., and MELVIN ORFINGER, Associate Judge.
Husband appeals a final judgment of dissolution of marriage, and the wife cross-appeals.
The marriage was entered into in Cuba in 1958. Husband, although a U.S. Citizen has resided in Paraguay since 1974. In April, 1985, parties were located in Paraguay because of the husband's profession. Wife sought a dissolution of the conjugal partnership in Paraguay, since divorce is not recognized in Paraguay. Wife filed a dissolution of marriage in Florida in November, 1986. In April, 1987, the parties stipulated as to the effect to be given to the Paraguayan decree. Husband appeals the final judgment making an award of alimony (lump sum and periodic) and an equitable distribution of marital assets. 1
The appellant urges error in the construction of the stipulation made before the court, that the wife was estopped to seek equitable distribution because of the Paraguayan proceedings, that it was error to award the wife assets acquired by the husband subsequent to the Paraguayan decree, and lastly that the Paraguayan decree was a property settlement agreement not subject to modification. We find no error and affirm. Lopez v. Dublin Company, 489 So.2d 805 (Fla. 3d DCA 1986); Carrison v. Carrison, 486 So.2d 1363 (Fla. 1st DCA 1986); Strickland v. Strickland, 344 So.2d 931 (Fla. 2d DCA 1977); Villa v. Mumac Construction Corp., 334 So.2d 274 (Fla. 3d DCA 1976); compare Sammons v. Sammons, 479 So.2d 223 (Fla. 3d DCA 1985).
The wife cross-appeals urging error in the award of certain fees to the special master, fees to the husband's prior attorneys from an account in the husband's name ultimately awarded to her, and in failing to require the husband to continue life insurance pursuant to the Paraguayan agreement. We find no merit in the wife's cross-appeal, see and compare Seitz v. Seitz, 471 So.2d 612 (Fla. 3d DCA 1985); Arsht v. Arsht, 467 So.2d 421 (Fla. 3d DCA 1985); Golden v. Golden, 410 So.2d 945 (Fla. 3d DCA 1982), except as it relates to the failure of the trial court to permit the wife to continue the insurance on the husband's life at her expense. The trial court having ordered the husband to continue compliance with the Paraguayan decree which provided for $1,000 a month as periodic alimony, the former wife should be permitted to continue, at her expense, the life insurance. Moskowitz v. Moskowitz, 515 So.2d 370 (Fla. 4th DCA 1987); 43 Am.Jur.2d, Insurance § 978. Therefore finding no error in the trial court's award of both lump sum and periodic alimony, Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla.1986); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); Wellman v. Wellman, 504 So.2d 531 (Fla. 3d DCA 1987); Buttner v. Buttner, 484 So.2d 1265 (Fla. 4th DCA 1986), and in equitable distribution of the marital assets, we affirm the final judgment under review, except that we modify same by adding a provision that will permit the wife to continue at her expense, the life insurance policies held by the husband, which in the Paraguayan proceeding he had been required to maintain.
AFFIRMED AS MODIFIED.
1 The final judgment reads in part as follows:
6. Pursuant to the stipulations as referred to in Paragraph 5, this Court finds:
a. There is no divorce procedure in Paraguay; this Court has jurisdiction to resolve the parties marriage relationship.
b. The Paraguayan Decree dated June 20, 1985, resulted in the distribution of marital property.
c. The Paraguayan Decree of June 20, 1985, is valid only as to assets listed in the decree. The...
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Defazio v. Defazio, 90-654
...alimony case and $300 per month is a modest award. See Privett v. Privett, 535 So.2d 663 (Fla. 4th DCA 1988); De La Guardia v. De La Guardia, 536 So.2d 1115 (Fla. 3d DCA 1988); Johnson v. Johnson, 386 So.2d 14 (Fla. 5th DCA), rev. denied, 392 So.2d 1375 The dissent stresses a point not argu......
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