CAROLYN J. LEOPARD, APPELLANT,
v.
HENRY E. LEOPARD, APPELLEE

Fla. 5th DCA | 1985-02-28
No. 84-165
ORFINGER and SHARP, JJ„ concur.
464 So. 2d 632 Florida District Court of Appeal, Fifth District (1985) Caution
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the awarded alimony was facially insufficient given the disparity in the parties' incomes and the wife's limited earning potential.


Facts & Procedural History

The wife appealed a final judgment of dissolution of marriage, arguing the permanent alimony award was too low. The husband had a weekly income of $43…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
FRANK D. UPCHURCH, Jr., Judge.

FRANK D. UPCHURCH, Jr., Judge.

The wife appeals from a final judgment of dissolution of marriage. She contends that the court abused its discretion in failing to award her a greater amount of permanent alimony.

This was a thirty-three year marriage. The husband, age fifty-four, is retired from the military and not otherwise employed. He has a weekly income of $436.00 in military and social security benefits. The wife, age fifty-two, is employed as a telephone operator earning $137.00 per week. Because of her physical condition and a lack of other skills, the wife’s present occupation is the limit of her expectations.

The court awarded the wife $75.00 per week in permanent alimony, leaving the husband with $361.00 per week and the wife with $212.00 per week including her wages. We find this award, which results in a disparity of approximately $600.00 per month in the parties’ income, to be facially insufficient and reverse. See Vandergriff v. Vandergriff, 456 So. 2d 464 (Fla.1984); Cowan v. Cowan, 389 So. 2d 1187 (Fla. 5th DCA 1980), rev. denied, 397 So. 2d 777 (Fla.1981). Upon remand the court should award at least $50.00 more per week.

REVERSED and REMANDED.

ORFINGER and SHARP, JJ„ concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Coleen Rook v. Rook, 469 So. 2d 172 (Fla. 5th DCA 1985)
    …he trial courts should be encouraged by the appellate courts now.2 In addition, the child support award in this case is “facially inadequate” or “facially insufficient.” See Vandergriff v. Vandergriff, 456 So. 2d 464 (Fla.1984); Leopard v. Leopard, 464 So. 2d 632 (Fla. 5th DCA 1985); Howard v. Howard, 468 So. 2d 310 (Fla. 5th DCA 1985). Florida appellate courts should encourage the development and use of good guidelines for the making of support awards in the trial court and their review on appeal. . See t…
  • Hall v. City OF Orlando, 555 So. 2d 963 (Fla. 5th DCA 1990)
    …ellant does not desire to assume that risk it can be avoided merely by refraining from interfering with the natural level and condition of Evans Lake. 492 So. 2d at 463-464. In State of Florida, Department of Environmental Regulation v. McCormick, 464 So. 2d 632 (Fla. 5th DCA 1985), this court also reversed the denial of a request for a temporary injunction. In that case, the Department of Environmental Regulation sought a preliminary injunction against the McCormicks, alleging that they were conducting dre…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw