ROBERT H. EMERY, APPELLANT,
v.
LORI EMERY, APPELLEE
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The court held that a loan repayment is not a proper basis for lump sum alimony, but affirmed the award of attorney's fees.
The wife claimed the husband borrowed $6,000 from her during the marriage. The husband appealed an award of $6,000 as lump sum alimony and $1,000 for …
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COWART, Judge.
The parties were married two years. There were no children of the marriage. Neither party had any substantial assets. The wife is self-sufficient and testified that during the marriage the husband had borrowed $6,000 from her and had not paid it back. The husband appeals an award to the wife of $6,000 as lump sum alimony and $1,000 as attorney’s fees.
We affirm the award of attorney’s fees because of the trial court’s discretion as to that matter but we reverse the award of lump sum alimony because it is obvious that the award was made as repayment of the claimed loan. A loan is not the proper basis for an award of lump sum alimony.1 The wife should have sued to recover the amount of the claimed loan in a separate legal proceeding or even in a separate count in her petition for dissolution, but, in either event, her recovery for money loaned is limited to a money judgment.
AFFIRMED IN PART; REVERSED IN PART.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . Rey v. Rey, 279 So. 2d 360 (Fla. 4th DCA 1973); Black v. Black, 247 So. 2d 775 (Fla. 3d DCA 1971); Spears v. Spears, 148 So. 2d 564 (Fla. 1st DCA 1963).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Muller v. Jorgelina Beatriz Gaeta Muller, 550 So. 2d 1152 (Fla. 3d DCA 1989)…ent from the record that the award was intended as lump-sum alimony. The well-established rule in Florida is that lump-sum alimony cannot be used as a vehicle in which to obtain repayment of money advanced by one spouse to another. Emery v. Emery, 434 So. 2d 35 (Fla. 5th DCA 1983); Rey v. Rey, 279 So. 2d 360 (Fla. 4th DCA 1973), dismissed, 291 So. 2d 5 (Fla.1974); Black v. Black, 247 So. 2d 775 (Fla. 3d DCA 1971); Spears v. Spears, 148 So. 2d 564 (Fla. 1st DCA 1963). The trial court therefore erred in awar…
Authorities Cited
- REY v. REY, 279 So. 2d 360 (Fla. 4th DCA 1973)
- Spears v. Spears, 148 So. 2d 564 (Fla. 1st DCA 1963)
- Metro. Dade Cnty. Transit Auth. v. McArthur Edwards, 247 So. 2d 775 (Fla. 3d DCA 1971)