AL WEINER, PETITIONER,
v.
SALLY WEINER, RESPONDENT
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The court held that the district court improperly substituted its judgment for the trial court's regarding the award of periodic alimony.
The district court increased the periodic alimony awarded by the trial court in a dissolution proceeding. The trial court had adjusted the economic si…
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[*409] McDONALD, Justice.
In this case we review Weiner v. Weiner, 386 So. 2d 1251 (Fla.3d DCA 1980), because of conflict with Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). Art. V, § 3(b)(3), Fla.Const. We agree that no abuse of the trial court’s discretion has been shown and that the district court improperly substituted its judgment for that of the trial court regarding the award of periodic alimony.
On appeal from a final judgment in a dissolution proceeding, the district court increased the amount of periodic alimony awarded respondent by the trial court. The alimony award was but one of several issues comprising the final judgment. In proceedings spanning more than three years, the trial court had the unenviable task of adjusting the economic situations of the parties in dissolving their twenty-five-year marriage.
An appellate court may reverse an inadequate award of alimony when there has been a clear abuse of discretion by the trial judge. Firestone v. Firestone, 263 So. 2d 223 (Fla.1972). We recently discussed judicial discretion and review thereof in Cana-karis and need not repeat that discussion here. Applying the Canakaris test to this case, we are unable to discern a basis for the district court’s reversal of the alimony award. Judge Nesbitt’s dissent is correct on this issue.
That part of the district court’s opinion regarding the alimony award is quashed, and this cause is remanded with instructions to reinstate the trial court’s alimony award.
It is so ordered.
SUNBERG, C. J., and ADKINS and OVERTON, JJ., concur. BOYD, ENGLAND and ALDERMAN, JJ., dissent.
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Avalon L. Severs v. Severs, 426 So. 2d 992 (Fla. 5th DCA 1983)…y important that they also be reviewed by appellate courts as a whole, rather than independently. 382 So. 2d at 1202. The Florida Supreme Court again addressed the question of judicial discretion of the trial courts in the case of Weiner v. Weiner, 403 So. 2d 408 (Fla.1981). In that case, the Supreme Court reversed the Third District which had increased the amount of alimony from $750 a month to $1,200 a month. In Weiner, the court said, at page 409: We agree that no abuse of the trial court’s discretion ha…
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Vidal v. Rivas, 556 So. 2d 1150 (Fla. 3d DCA 1990)…al court’s rulings and therefore they will not be disturbed. Section 742.08, Florida Statutes (1985). Section 742.031, Florida Statutes (1985); Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983); Conner v. Conner, 439 So. 2d 887 (Fla.1983); Weiner v. Weiner, 403 So. 2d 408 (Fla.1981); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Feldman v. Feldman, 324 So. 2d 117 (Fla. 3d DCA 1975). We find no merit in the cross appeal urging that the trial court should not have reduced the amount of fees earned by the counsel for the app…
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Weiner v. Al Weiner, 405 So. 2d 312 (Fla. 3d DCA 1981)…reversing in part the judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 23, 1981, 403 So. 2d 408, and mandate now lodged in this court, affirmed in part and reversed in part and remanded the cause with instructions. [*313] NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on September 26,1980 is withdr…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Firestone v. Firestone, 263 So. 2d 223 (Fla. 1972)
- Ring v. Loresch, 386 So. 2d 1251 (Fla. 3d DCA 1980)
- Weiner v. Al Weiner, 386 So. 2d 1251 (Fla. 3d DCA 1980)