EARLENE WERK, APPELLANT/CROSS-APPELLEE,
v.
LOUIS W. WERK, JR., APPELLEE/CROSS-APPELLANT

Fla. 4th DCA | 1982-06-16
No. 80-2220
DOWNEY, HURLEY and DELL, JJ., concur.
416 So. 2d 483 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 2 cases

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Synopsis

In this dissolution of marriage case, the Fourth District Court of Appeal affirmed the trial court's award of special equity in the wife's dairy, temporary alimony, attorney's fees, and joint debt obligations to the husband, but reversed the permanent periodic alimony award, finding that rehabilitative alimony (or no further alimony) was appropriate given the husband's worker's compensation benefits and prior alimony payments.


Holding

The court affirmed the awards of special equity, temporary alimony, attorney's fees, and joint debt obligations as within the trial judge's sound discretion, but reversed the permanent periodic alimony award, holding that no further alimony should be awarded on remand because the husband had received sufficient post-judgment alimony and the award should have been termed rehabilitative rather than permanent.


Headnotes

[1] A trial court has discretion to award a special equity in a business based on evidence of a spouse's contribution to its operation.

[2] An award of temporary alimony and attorney's fees is justified when a spouse is excluded from the marital domicile and is without income or support following the filing o…

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Key Quotes

“There is evidence in the record that the husband left his business in Broward County and moved to Okeechobee, where he spent the entire period of the marriage working full time as manager in the wife's dairy. This evidence supports the finding of a special equity.”

Establishes the factual basis for awarding special equity in the dairy.

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Facts & Procedural History

The parties were married for two and one-half years with no children. During the marriage, the husband left his business in Broward County and moved t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The dissolution of this childless two and one-half year marriage was accomplished by an amended final judgment which:

1) awarded the husband a special equity in a dairy owned by the wife amounting to $15,000 net;

2) ordered the wife to pay the husband $13,500 in accrued but unpaid temporary alimony;

3) ordered the wife to pay all of the joint obligations of the parties that pertained to the dairy;

4) ordered the wife to pay the husband permanent periodic alimony of $250 per week, less any worker’s compensation benefits he received;

5) ordered the wife to pay the husband’s attorney’s fees of $10,000.

The wife seeks reversal of all of the foregoing aspects of the judgment, and the prejudgment award of temporary alimony. The judgment was superseded by the wife, whereupon the trial court entered an order awarding the husband “permanent periodic alimony,” pending appeal, in the amount of $250 per week, less the husband’s worker’s compensation award. During the pendency of this appeal we relinquished jurisdiction to the trial court which entered an order terminating the alimony pending appeal.

We have carefully considered all of appellant’s complaints regarding the temporary and permanent awards in the trial court and hold that they generally represent matters within the sound judicial discretion of the trial judge. There is evidence in the record that the husband left his business in Broward County and moved to Okeechobee, where he spent the entire period of the marriage working full time as manager in the wife’s dairy. This evidence supports the finding of a special equity. Upon filing of this suit, the husband was excluded from the dairy and the marital domicile owned by the wife, so he was without income or support. This circumstance justifies an award of temporary alimony and attorney’s fees.

Somewhat belatedly the husband developed back trouble from an alleged injury incurred at the diary and received $130 per week as worker’s compensation. An award of post judgment alimony was therefore appropriate. However, the award should have been termed rehabilitative instead of permanent periodic. Ordinarily we would remand for a change in the type of post judgment alimony. However, on this record, it is our view that the husband has received sufficient post judgment alimony, by whatever name. Therefore, on remand, the permanent periodic alimony provision should be vacated and no further alimony award should be made.

We find no merit in appellee’s two points presented by way of cross-appeal.

In view of the foregoing, we affirm the amended final judgment in all respects except as to ¶ 8, which awards permanent periodic alimony. As to that award the judgment is reversed.

AFFIRMED IN PART, REVERSED IN PART; and remanded with directions.

DOWNEY, HURLEY and DELL, JJ., concur.


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Citator

Cited By

  • Hadi B. Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005)
    …e statute has since been revised to require either spouse to support the other, see ch. 71-241, ch. 95-147, Laws of Fla; see also § 61.09, Fla. Slat. (2004), and the courts have long interpreted the statute in a gender-neutral way. See Werk v. Werk, 416 So. 2d 483 (Fla. 4th DCA 1982) (requiring a wife to pay temporary alimony to her husband). . While enforcing such an agreement may also be a disincentive to the spouse who validly challenges it, this risk seems minimal. First, Casto provides a clear standard…

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