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Simpson v. Simpson

District Court of Appeal of Florida, Third District
Sep 18, 1996
678 So. 2d 882 (Fla. Dist. Ct. App. 1996)

Summary

affirming award of marital residence to former wife as lumpsum alimony

Summary of this case from Smith v. Smith

Opinion

Nos. 96-450, 95-2847.

August 21, 1996. Rehearing Denied September 18, 1996.

Appeal from Circuit Court, Dade County, Bernard Shapiro, J.

Perez-Abreu, Zamora, Hillman Martin-Lavielle, and Javier Perez-Abreu, and Jennifer Ross Schlussler, Coral Gables, for appellant.

A.J. Barranco Associates, and Robert F. Kohlman, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.


Appellant A. Durwood Simpson, the former husband, appeals the final order in a dissolution of marriage action. According to the final judgment, the former wife received the marital residence in addition to a significant portion of the husband's monthly income. The former husband claims that the trial court's distribution of the marital assets inequitably favored appellee Sandra Simpson, the former wife. The former husband also appeals the court order holding him in contempt for failure to pay the allegedly inequitable periodic alimony.

We affirm the award of the marital residence to the former wife as lump sum alimony. Such an award is justified by the parties' agreement that the former wife cannot rely on the former husband to meet monthly financial obligations to her. We reverse, however, the additional award of periodic alimony and the holding of the former husband in contempt for failure to make those payments, finding that the award creates an inequity in favor of the former wife. This amended arrangement creates the required equitable distribution of assets between the parties. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Griffiths v. Griffiths, 563 So.2d 773 (Fla. 3d DCA 1990); Rosen v. Rosen, 386 So.2d 1268 (Fla. 3d DCA 1980), rev. denied, 392 So.2d 1378 (Fla. 1981).

Affirmed in part; reversed in part.


Summaries of

Simpson v. Simpson

District Court of Appeal of Florida, Third District
Sep 18, 1996
678 So. 2d 882 (Fla. Dist. Ct. App. 1996)

affirming award of marital residence to former wife as lumpsum alimony

Summary of this case from Smith v. Smith
Case details for

Simpson v. Simpson

Case Details

Full title:A. DURWOOD SIMPSON, APPELLANT v. SANDRA SIMPSON, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 18, 1996

Citations

678 So. 2d 882 (Fla. Dist. Ct. App. 1996)

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