LELA LAMB, APPELLANT,
v.
HOYT L. LAMB, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LYMAN LAMB, APPELLEE

Fla. 1st DCA | 1986-12-16
No. BJ-173
SHIVERS, ZEHMER and BARFIELD, JJ., concur.
500 So. 2d 256 Florida District Court of Appeal, First District (1986) Caution
Cited by 16 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The wife appeals a final judgment of dissolution of marriage, raising these issues: (1) That the trial court failed to make an equitable distribution of property acquired subsequent to the marriage; (2) that the court erred in failing to award the wife permanent alimony in the form of lump sum alimony; and (3) that the husband should be required to pay the wife’s attorney’s fees.

Although there is conflict in the evidence, there is competent substantial evidence to support the trial judge’s ruling on the issues. The wife has shown no abuse of discretion in the trial judge’s findings and we should not substitute our judgment for that of the trial judge on matters within his discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).

AFFIRMED.

SHIVERS, ZEHMER and BARFIELD, JJ., concur.


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  • State v. Wiita, 744 So. 2d 1232 (Fla. 4th DCA 1999)
    …that the requirements imposed by section 943.0435 did not exist, and were [*1235] not contemplated, when Wiita entered into the plea agreement. The withdrawal of a plea should be permitted where justice and fairness require it. See Macker v. State, 500 So. 2d 256, 258 (Fla. 3d DCA 1986) (citation omitted). Based upon the fact that Wiita entered a plea to avoid publicity, then six years later had publicity thrust upon him due to the requirements of 1 section 943.0435, justice and fairness support the withdraw…
  • Jackson v. State, 515 So. 2d 349 (Fla. 1st DCA 1987)
    …d DCA 1984); Fortini v. State, 472 So. 2d 1383 (Fla. 4th DCA 1985). We therefore vacate the sentence imposed by the trial court and remand for the parties to be placed in the position in which they stood prior to the plea agreement. Macker v. State, 500 So. 2d 256 (Fla. 3d DCA 1986). THOMPSON and ZEHMER, JJ., concur.…
  • Ruth v. State, 574 So. 2d 225 (Fla. 2d DCA 1991)
    …both promise and performance in the area of plea agreements. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Tillman v. State, 522 So. 2d 14 (Fla.1988); Vetter v. State, 425 So. 2d 575 (Fla. 2d DCA 1983); Macker v. State, 500 So. 2d 256 (Fla. 3d DCA 1987); Acosta v. Turner, 666 F. 2d 949 (5th Cir.1982). This high standard governs a state attorney’s promise in a plea agreement to move for a reduced sentence if a defendant convicted of trafficking provides “substantial assistance.” §…

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