Mirsky v. Mirsky, 84-1713
| Decision Date | 08 August 1985 |
| Docket Number | No. 84-1713,84-1713 |
| Citation | 474 So.2d 9,10 Fla. L. Weekly 1887 |
| Parties | 10 Fla. L. Weekly 1887 Gerald M. MIRSKY, Appellant, v. Eileen F. MIRSKY, Appellee. |
| Court | Florida District Court of Appeals |
E.D. Cossaboom, Jr., Indialantic, for appellant.
Michael D. Holliday, Melbourne, for appellee.
The final order modifying a dissolution of marriage judgment is reversed. It is apparent from the record that the trial judge did not consider the criteria required under section 61.08, Florida Statutes (Supp.1984) nor did he follow the dictates of Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980) and Walter v. Walter, 464 So.2d 538 (Fla.1985). Upon remand he should hold a new hearing, consider up-to-date evidence and use no "formula" for the setting of alimony and support payments. See Sanford v. Sanford, 440 So.2d 1319 (Fla. 4th DCA 1983). In Rook v. Rook, 469 So.2d 172 (Fla. 5th DCA 1985), this court declared the reliance upon formulae to be not in accordance with the proper exercise of judicial discretion.
REVERSED and REMANDED.
To continue reading
Request your trial
-
Donoff v. Donoff
...modification proceeding, the court should once again consider many of the factors under section 61.08(2)." In Mirsky v. Mirsky, 474 So.2d 9, 9 (Fla. 5th DCA 1985), the Fifth District held that it was an abuse of discretion not to consider the section 61.08(2) criteria in determining the amo......
-
Buxton v. Buxton
...of alimony, when modifying alimony under section 61.14. Donoff v. Donoff, 940 So.2d 1221, 1223 (Fla. 4th DCA 2006); Mirsky v. Mirsky, 474 So.2d 9, 9 (Fla. 5th DCA 1985); see also Bagley v. Bagley, 948 So.2d 841, 841 (Fla. 1st DCA 2007). As the Donoff court [I]t is apparent that the legislat......
-
Klokow v. Klokow
..."all applicable section 61.08(2) factors must be considered in modification proceedings under section 61.14"); Mirsky v. Mirsky , 474 So. 2d 9 (Fla. 5th DCA 1985) (holding it an abuse of discretion to fail to consider section 61.08(2) criteria in modification proceeding).The trial court, in......
- Terry v. State, BA-259
-
Florida's "cohabitation" statute: the revolution that wasn't.
...the outcome of alimony determinations "more predictable." (6) Citing the pre-supportive relationship statute case of Mirsky v. Mirsky, 474 So. 2d 9 (Fla. 5th DCA 1985), the Fourth District in Donoff aligned itself with the Fifth District, stating as Nothing in any statute purports to elimin......