TONI ELLIOTT, APPELLANT,
v.
HUGH ELLIOTT, APPELLEE
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HERSEY, Chief Judge.
In proceedings for temporary alimony and child support, the general master took into account interest to be earned by the wife on funds not yet paid to her arising out of settlement of a personal injury action. The trial court erroneously approved this aspect of the master’s report. Brinkley v. Brinkley, 453 So. 2d 941 (Fla. 4th DCA 1984); Davidson v. Davidson, 410 So. 2d 943 (Fla. 4th DCA), rev. denied, 421 So. 2d 67 (Fla.1982); McCloskey v. McCloskey, 359 So. 2d 494 (Fla. 4th DCA 1978), cert. denied, 368 So. 2d 1370 (Fla.1979).
We reverse the order of April 18, 1985, and remand to the trial court for a determination of temporary alimony and child support based on appellant’s needs and appel-lee’s ability to pay.
The trial court further entered an order on March 1, 1985, upon report of the general master. This order, entered within the ten-day period for filing exceptions, is quashed as violative of rule 1.490(h), Florida Rules of Civil Procedure. Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985). See also Plevy v. Plevy, 466 So. 2d 1219 (Fla. 4th DCA 1985).
REVERSAL; QUASHAL; REMAND.
ANSTEAD and GLICKSTEIN, JJ„ concur.
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Villaverde v. Villaverde, 547 So. 2d 185 (Fla. 3d DCA 1989)…mitted error in calculating the alimony and child support awards. The court should not have considered the husband’s potential liability to Medicare.4 The court should not base alimony or child support on uncertain future events. Elliott v. Elliott, 478 So. 2d 509 (Fla. 4th DCA 1985); Ramsey v. Ramsey, 431 So. 2d 258 (Fla. 2d DCA 1983); Henderson v. Henderson, 226 So. 2d 699 (Fla. 4th DCA 1969). Fourth, we find error in the trial courts failure to award interest at the legal rate provided in section 55.03, F…
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Josephina Gonzales Palmer v. Palmer, 582 So. 2d 639 (Fla. 3d DCA 1991)…l the end of October 10. Therefore, the trial court erred in entering its order approving the general master’s report on October 10, pri- or to the end of the ten-day period.1 See Cox v. Cox, 490 So. 2d 1051 (Fla. 4th DCA 1986); Elliott v. Elliott, 478 So. 2d 509 (Fla. 4th DCA 1985); Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985); Plevy v. Plevy, 466 So. 2d 1219 (Fla. 4th DCA 1985). Accordingly, we vacate the order of approval and remand for further proceedings. . Moreover, Rule 1.090(e)…
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Moskowitz v. Moskowitz, 611 So. 2d 615 (Fla. 4th DCA 1993)…t was error to deny appellant’s motion to vacate the premature order. Berkheimer v. Berkheimer, 466 So. 2d 1219 (Fla. 4th DCA 1985); Kay v. Kay, 430 So. 2d 532 (Fla. 4th DCA 1983); Cox v. Cox, 490 So. 2d 1051 (Fla. 4th DCA 1986); Elliott v. Elliott, 478 So. 2d 509 (Fla. 4th DCA 1985); Dembrowski v. Dembrowski, 580 So. 2d 897 (Fla. 4th DCA 1991). We recognize that this issue appears mooted by the trial court’s subsequent denial of appellant’s exceptions. Appellees argue that a trial court may disregard the c…
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- McCLOSKEY v. McCLOSKEY, 359 So. 2d 494 (Fla. 4th DCA 1978)
- Plevy v. Plevy, 466 So. 2d 1219 (Fla. 4th DCA 1985)
- Davidson v. Murray Davidson, 410 So. 2d 943 (Fla. 4th DCA 1982)
- Gleason v. Gleason, 453 So. 2d 941 (Fla. 4th DCA 1984)