BRUNO O. WEINSCHEL, APPELLANT,
v.
SALLY A. WEINSCHEL, APPELLEE

Fla. 3d DCA | 1980-01-15
No. 79-1590
Before HENDRY, HUBBART and NES-BITT, JJ.
379 So. 2d 145 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of temporary alimony, child support and other relief is affirmed [save for paragraph 7 thereof] upon a holding that the order, although extremely extensive, was within the discretion of the trial court to enter as it is supported by substantial competent evidence in this record. Landy v. Landy, 62 So. 2d 707 (Fla.1953); Gilbert v. Gilbert, 105 So. 2d 379 (Fla. 3d DCA 1958); Annot, 1 A.L.R.3d 280 (1965).

Paragraph 7 of the order under review is reversed in its entirety, however, upon a holding that the trial court in a marriage dissolution action has no authority to require a husband, as it did in this case, to maintain a life insurance policy for the benefit of his wife, to provide support for her in the event of his death, where, as here, there is nothing in the record which justifies an award of alimony after death. Watterson v. Watterson, 353 So. 2d 1185 (Fla. 1st DCA 1978).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Linn v. Linn, 464 So. 2d 614 (Fla. 4th DCA 1985)
    …of the husband (and none appears on this record), it is error to require the husband to maintain life insurance for the benefit of the wife. We therefore quash that award. Blais v. Blais, 410 So. 2d 1365 (Fla. 5th DCA 1982); Weinschel v. Weinschel, 379 So. 2d 145 (Fla. 3d DCA), cert. denied, 390 So. 2d 827 (Fla.1980); Perkins v. Perkins, 310 So. 2d 438 (Fla. 4th DCA 1975); Wilbur v. Wilbur, 299 So. 2d 99 (Fla. 3d DCA 1974). Third, the trial court established that the wife’s remarriage or earning up to $15,0…
  • Eagan v. Eagan, 392 So. 2d 988 (Fla. 5th DCA 1981)
    …inarily award alimony to continue after death, provisions of dissolution judgments requiring the maintenance of life insurance for the benefit of a former spouse have been condemned as being tantamount to post-mortem alimony. Weinschel v. Weinschel, 379 So. 2d 145 (Fla.3d DCA 1980); Dutton v. Dutton, 379 So. 2d 111 (Fla.3d DCA 1979); Watterson v. Watterson, 353 So. 2d 1185 (Fla.1st DCA 1977); Blass v. Blass, 316 So. 2d 308 (Fla.3d DCA 1975); Perkins v. Perkins, 310 So. 2d 438 (Fla.4th DCA 1975); Wilbur v. Wil…
  • Parham v. Parham, 385 So. 2d 107 (Fla. 3d DCA 1980)
    …osition of this charge. In Re Estate of Freeland, 182 So. 2d 425 (Fla.1965); Aldrich v. Aldrich, 163 So. 2d 276 (Fla.1964); Ross v. Ross, 341 So. 2d 833 (Fla.3d DCA 1977); Payne v. Payne, 201 So. 2d 590 (Fla.3d DCA 1967). Cf. Weinschel v. Weinschel, 379 So. 2d 145 (Fla.3d DCA 1980); Dutton v. Dutton, 379 So. 2d 111 (Fla.3d DCA 1979); Watterson v. Watterson, 353 So. 2d 1185 (Fla. 1st DCA 1978); Blass v. Blass, 316 So. 2d 308 (Fla.3d DCA 1975) (holding that in the absence of a special circumstance justifying an…

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