Rudnick v. Solomon, s. 74--1721

Decision Date15 April 1975
Docket Number74--1723,Nos. 74--1721,s. 74--1721
Citation311 So.2d 385
PartiesBernard W. RUDNICK, as Executor of the Estate of Arnelle Solomon, and Lawrence Solomon, Appellants, v. Harrison M. SOLOMON, Appellee. Lawrence SOLOMON, Appellant, v. Harrison M. SOLOMON, Appellee.
CourtFlorida District Court of Appeals

Lapidus & Hollander, and Robert J. Schaffer, Miami, for appellants.

George J. Blutstein, North Miami Beach, for appellee.

Before BARKDULL, C.J., NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Appellants seek review of an order of the trial court modifying a final judgment of divorce, deleting therefrom the necessity that the appellee, Harrison M. Solomon, continue payment of child support.

In 1971, Arnelle R. Solomon ahd Harrison M. Solomon were divorced. The final judgment incorporated a property settlement and support agreement, which provided that Harrison Solomon pay child support until Lawrence Solomon (the son of the parties) reach the age of 21. Arnelle Solomon died on October 6, 1974 and, on October 22, 1975, Harrison Solomon moved to modify and delete the child support provisions on the ground that Lawrence Solomon had reached the age of 18, the age of majority under Florida law. The trial court, by order, agreed and eliminated the support. Lawrence Solomon moved to intervene as a party-plaintiff in the cause; the trial court then denied the motion to intervene. These appeals ensued.

We reverse the provision of the trial court's order cutting off support for Lawrence Solomon, and reinstate same until he reaches the age of 21 years. See: Field v. Field, Fla.App.1974, 291 So.2d 654; Ackerly v. Ackerly, Fla.App.1974, 296 So.2d 66; Daugherty v. Daugherty, Fla.1975, 308 So.2d 24 (opinion filed January 22, 1975); Finn v. Finn, Fla.1975, 312 So.2d 726. 1

We also reverse the order denying the motion to intervene, with directions to permit Lawrence Solomon to intervene on his own behalf in this cause.

Reversed and remanded, with directions.

1 It is noted that Daugherty v. Daugherty, supra, and Finn v. Finn, supra, were decided subsequent to the trial court's order under review in this cause.

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2 cases
  • Kern v. Kern
    • United States
    • Florida District Court of Appeals
    • July 12, 1978
    ...exists, the child may proceed in his own right in a court of competent jurisdiction to establish such obligation. See Rudnick v. Solomon, 311 So.2d 385 (Fla. 3d DCA 1975). The parent who formerly had legal custody of the child has no pecuniary interest in such litigation. Thus, once a norma......
  • Cronebaugh v. Van Dyke
    • United States
    • Florida District Court of Appeals
    • May 12, 1982
    ...exists, the child may proceed in his own right in a court of competent jurisdiction to establish such obligation. See Rudnick v. Solomon, 311 So.2d 385 (Fla. 3d DCA 1975). The parent who formerly had legal custody of the child has no pecuniary interest in such litigation. Thus, once a norma......

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