Schlapik v. Schlapik, 75--868

Decision Date30 March 1976
Docket NumberNo. 75--868,75--868
Citation329 So.2d 379
PartiesJette SCHLAPLK, Appellant, v. Miles SCHLAPLK, Appellee.
CourtFlorida District Court of Appeals

Hacker & Phelps, Miami, for appellant.

Pelzner & Schwedock, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

We are asked to review an order modifying a final judgment dissolving a marriage upon a record which does not include any of the testimony before the trial judge. It is apparent from the record and the findings of fact that the trial judge heard extensive testimony.

The distinguishing feature in this case is that the trial judge determined that the former wife was not entitled to any alimony after an expiration of four and one-half years from the original award. It is clear that there are circumstances under which alimony awarded may be terminated because of a change of circumstances. See 18 A.L.R.2d 10, 19.

Under the record presented to us, we are unable to determine that the trial judge abused his very broad discretion in this matter. See the rule in Vilas v. Vilas, 1943, 153 Fla. 102, 13 So.2d 807; and Coggan v. Coggan, Fla.App.1968, 214 So.2d 368.

AFFIRMED.

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3 cases
  • Turner v. Turner
    • United States
    • Florida District Court of Appeals
    • April 30, 1980
    ...dissolution. Anderson v. Anderson, 333 So.2d 484 (Fla.3d DCA 1976); Craig v. Craig, 298 So.2d 189 (Fla.1st DCA 1974); Schlapik v. Schlapik, 329 So.2d 379 (Fla.3d DCA 1976). Refusal to grant such a petition under appropriate circumstances will be considered an abuse of discretion. Goldin v. ......
  • Friedman v. Friedman, 78-166
    • United States
    • Florida District Court of Appeals
    • January 16, 1979
    ...Anderson v. Anderson, 333 So.2d 484 (Fla. 3d DCA 1976); Craig v. Craig, 298 So.2d 189 (Fla. 1st DCA 1974); Schlapik v. Schlapik, 329 So.2d 379 (Fla. 3d DCA 1976). In contending for affirmance of the order, the appellee-wife presented certain arguments which we have considered and find to be......
  • Goldin v. Goldin
    • United States
    • Florida District Court of Appeals
    • May 24, 1977
    ...Anderson v. Anderson, 333 So.2d 484 (Fla. 3d DCA 1976); Craig v. Craig, 298 So.2d 189 (Fla. 1st DCA 1974); Schlapik v. Schlapik, 329 So.2d 379 (Fla. 3d DCA 1976). In the instant case, one would be hard pressed to conceive of a more drastic change in financial circumstances on the part of bo......

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