EDWARD A. FEATHERNGILL, APPELLANT,
v.
KAY FEATHERNGILL, APPELLEE
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PER CURIAM.
This is an appeal by the appellant/husband seeking reversal of an award of permanent periodic alimony and a provision of the final judgment which provided for automatic increase in alimony when appellant’s gross income increased.
Appellee concedes that under the decisions of this court in Condren v. Condren, 475 So. 2d 268 (Fla. 2d DCA 1985); McClung v. McClung, 465 So. 2d 637 (Fla. 2d DCA 1985); Lewis v. Lewis, 450 So. 2d 1123 (Fla. 2d DCA 1984); Ramsey v. Ramsey, 431 So. 2d 258 (Fla. 2d DCA 1983); Kangas v. Kangas, 420 So. 2d 115 (Fla. 2d DCA 1982), and others, automatic increases in alimony and/or child support based solely on income increases of the paying party are improper. Accordingly, we affirm the judgment of the trial court, but strike therefrom all provisions relating to future automatic increases in alimony payments. It goes without saying that either party is free to seek a modification of alimony based upon sufficient changed circumstances that may occur in the future.
RYDER, C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
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Freeman v. Al Mintz, 523 So. 2d 606 (Fla. 3d DCA 1988)…nder Rule 1.250 to dismiss her action against one of two defendants and the effect of the dismissal was to terminate the case as it related to the dropped defendant. The second district addressed this issue in Federal Insurance Company v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985), holding that “[o]nce a voluntary dismissal has been entered, the trial court is divested of in per-sonam jurisdiction. If the voluntary dismissal is entered as to only one of several defendants, the court loses jurisdiction over…
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Hamilton v. Hamilton, 552 So. 2d 929 (Fla. 1st DCA 1989)…The distinctions between the judgment before us and the Mills and Spotts cases illustrate the reasons why automatic increases in alimony based solely on income increases of the paying party are generally improper. See Featherngill v. Featherngill, 478 So. 2d 106 (Fla. 2d DCA 1985). First, the law is well settled that an alimony award may be modified only upon a determination that the needs of the receiving spouse, as originally established by the parties’ standard of living during the marriage, have changed…
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Carlini v. State, 521 So. 2d 254 (Fla. 4th DCA 1988)…, 248 So. 2d 170 (Fla.1971). Without proper service of process, the court lacks personal jurisdiction over the defendant. Sierra Holding, Inc. v. Inn Keepers Supply Co., 464 So. 2d 652 (Fla. 4th DCA 1985); Bussey; Federal Insurance Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985). Statutes dealing with service of process are to be strictly construed. Sierra Holding Inc.; Baraban v. Sussman, 439 So. 2d 1046 (Fla. 4th DCA 1983). The burden of proof to sustain the validity of service of process is upon the p…
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- Kangas v. Kangas, 420 So. 2d 115 (Fla. 2d DCA 1982)
- Ramsey v. Ramsey, 431 So. 2d 258 (Fla. 2d DCA 1983)
- Condren v. Condren, 475 So. 2d 268 (Fla. 2d DCA 1985)
- McCLUNG v. McCLUNG, 465 So. 2d 637 (Fla. 2d DCA 1985)
- Lewis v. Lewis, 450 So. 2d 1123 (Fla. 2d DCA 1983)