JAMES H. SANFORD, APPELLANT,
v.
MARY IRENE SANFORD, APPELLEE

Fla. 4th DCA | 1983-11-02
No. 83-405
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
440 So. 2d 1319 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a dissolution of marriage judgment. We affirm except as to the following matter. The trial court awarded permanent periodic alimony to the Wife in the sum of “80.00 per week or 20% of the Husband’s gross income; whichever is greater”. The Husband appeals. We reverse and remand with instructions to delete the words and figures “20% of the Husband’s gross income; whichever is greater” thereby leaving the award to the Wife simply $80.00 per week. Kangas v. Kangas, 420 So. 2d 115 (Fla. 2d DCA 1982). We do not think the award here operated or was designed to maintain the status quo as was the case in Mills v. Mills, 417 So. 2d 298 (Fla. 1st DCA 1982), in that the automatic percentage figure does not take into account factors such as the Wife’s needs and other aspects of the Husband’s financial condition.

Affirmed in part; reversed in part; remanded with instructions.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Bart L. Segall v. Segall, 708 So. 2d 983 (Fla. 4th DCA 1998)
    …current mortgage value was either $148,000 or $148,600. . Furthermore, the portion of the alimony award entitling the Wife to 12 percent of the Husband's taxable income in each taxable year was erroneous as a matter of law. See Sanford v. Sanford, 440 So. 2d 1319, 1320 (Fla. 4th DCA 1983)(re-versed automatic percentage portion of order awarding permanent periodic alimony to wife in sum of $80.00 per week or 20 percent of husband’s gross income, whichever greater); see also Joseph v. Joseph, 681 So. 2d 888, 8…
  • Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)
    …...” Service by publication is less likely to provide effective notice to a defendant than personal service; thus, service by publication should only be used when necessary. See Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984); Shefer v. Shefer, 440 So. 2d 1319 (Fla. 3d DCA 1983); Taylor v. Lopez, 358 So. 2d 69 (Fla. 3d DCA 1978). If constructive service must be used, then it confers only in rem or quasi in rem jurisdiction upon the court. A personal judgment against a defendant based upon constructive se…
  • McCABE v. McCABE, 600 So. 2d 1181 (Fla. 5th DCA 1992)
    …d provided all procedural requirements are complied with. See, e.g. Montano v. Montano, 520 So. 2d 52 (Fla. 3d DCA 1988); Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985); Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984); Shefer v. Shefer, 440 So. 2d 1319 (Fla. 3d DCA 1983); Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980); Palmer v. Palmer, 353 So. 2d 1271 (Fla. 1st DCA 1978); Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976); Lahr v. Lahr, 337 So. 2d 837 (Fla. 2nd DCA 1976). . We have…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw