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Pollack v. Pollack

District Court of Appeal of Florida, Fifth District.
Dec 31, 2015
181 So. 3d 1287 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D15–518.

12-31-2015

Beth POLLACK, Appellant, v. Barry S. POLLACK, Appellee.

Richard J. D'Amico, Ormond Beach, for Appellant. Philip J. Bonamo, of Rice & Rose Law Firm, Daytona Beach, for Appellee.


Richard J. D'Amico, Ormond Beach, for Appellant.

Philip J. Bonamo, of Rice & Rose Law Firm, Daytona Beach, for Appellee.

Opinion

PER CURIAM.

Beth Pollack, the former wife, timely appeals an order granting her former husband's supplemental petition for modification of the final judgment of dissolution of marriage, in which the court terminated the former husband's permanent alimony obligation based upon its finding that Appellant is now in a supportive relationship with another person. See § 61.14(1)(b), Fla. Stat. (2015). The former husband properly concedes that the trial court erred by terminating alimony retroactively to the date when Appellant began residing with her significant other, as opposed to the date when he filed the petition. Although Appellant raises other issues, they either lack merit or were not preserved below. Accordingly, we affirm in all respects except for the retroactivity portion of the order. On remand, the trial court is directed to enter a new order terminating alimony retroactively to the date of the supplemental petition for modification.

AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH DIRECTIONS.

LAWSON, CJ., COHEN and BERGER, JJ., concur.


Summaries of

Pollack v. Pollack

District Court of Appeal of Florida, Fifth District.
Dec 31, 2015
181 So. 3d 1287 (Fla. Dist. Ct. App. 2015)
Case details for

Pollack v. Pollack

Case Details

Full title:Beth POLLACK, Appellant, v. Barry S. POLLACK, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Dec 31, 2015

Citations

181 So. 3d 1287 (Fla. Dist. Ct. App. 2015)