JOSEPH M. BERTONE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• O'Neal v. O'Neal, 410 So. 2d 1369 (Fla. 5th DCA 1982)
  …The husband’s ability is certainly affected by the amount of his income from whatever source. An award of permanent alimony is not a vested interest in his retirement and may be terminated or suspended if there is no further need. See Hunt v. Hunt, 394 So. 2d 564 (Fla. 5th DCA 1980). The holding in McCarty is not relevant to the facts here. REVERSED and REMANDED for further proceedings consistent with this opinion. SHARP and COWART, JJ., concur. . The original order that denied modification stated: In th…
• Mirth K. Brown v. Brown, 440 So. 2d 16 (Fla. 1st DCA 1983)
  …e that would warrant an award of alimony, the court should retain jurisdiction. Reed v. Reed, 244 So. 2d 449 (Fla. 1st DCA 1971); Roberts v. Roberts, 283 So. 2d 396 (Fla. 1st DCA 1973); Mumm v. Mumm, 353 So. 2d 134 (Fla. 3rd DCA 1977); Hunt v. Hunt, 394 So. 2d 564 (Fla. 5th DCA 1981). While the burden of persuasion as to retention of jurisdiction would be on the party seeking alimony in a dissolution proceeding, because of the res judicata effect of a final judgment awarding permanent periodic alimony,1 the b…
• Barko v. Barko, 557 So. 2d 932 (Fla. 5th DCA 1990)
  …16 (Fla. 1st DCA 1983). But, if the facts or circumstances demonstrate that a change in circumstances in the future is likely that will affect either the need for, or ability to pay alimony, the court should retain jurisdiction. Brown; Hunt v. Hunt, 394 So. 2d 564 (Fla. 5th DCA 1981); Mumm v. Mumm, 353 So. 2d 134 (Fla. 3d DCA 1977); Roberts v. Roberts, 283 So. 2d 396 (Fla. 1st DCA 1973); Reed v. Reed, 244 So. 2d 449 (Fla. 1st DCA 1971). In this ease it was uncontroverted that the former husband will be elig…