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Green v. Green

District Court of Appeal of Florida, First District
Feb 11, 1985
463 So. 2d 510 (Fla. Dist. Ct. App. 1985)

Opinion

No. AZ-319.

February 11, 1985.

Appeal from the Circuit Court, Suwannee County, L. Arthur Lawrence, Jr., J.

Lloyd C. Hawthorne, Live Oak, for appellant.

William R. Slaughter, II, of Slaughter Slaughter, Live Oak, for appellee.


Appellant contends that the trial court abused its discretion in awarding her $5.00 per week as permanent periodic alimony and $35.00 for 165 weeks as rehabilitative alimony. We reverse and award of permanent periodic alimony and affirm the award of rehabilitative alimony.

The standard of review in dissolution cases is whether the trial court abused its discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). The test to be applied by the appellate court is whether the trial court's order is supported by competent evidence. Kuvin v. Kuvin, 442 So.2d 203 (Fla. 1983). We find that there is no competent evidence to support the trial court's award of $5.00 per week as permanent periodic alimony, and we are certain that reasonable men could not differ as to the inadequacy of this award. However, we affirm the award of rehabilitative alimony as supported by the record.

Accordingly, we reverse the award of permanent periodic alimony and remand for reconsideration in view of evidence of the wife's needs and the husband's ability to pay.

Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.

BOOTH, SHIVERS and ZEHMER, JJ., concur.


Summaries of

Green v. Green

District Court of Appeal of Florida, First District
Feb 11, 1985
463 So. 2d 510 (Fla. Dist. Ct. App. 1985)
Case details for

Green v. Green

Case Details

Full title:LILLIAN WANDA GREEN, APPELLANT, v. W.J. GREEN, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 11, 1985

Citations

463 So. 2d 510 (Fla. Dist. Ct. App. 1985)

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