ROBERT P. ANGLE, APPELLANT,
v.
VIRGINIA G. ANGLE, APPELLEE

Fla. 2d DCA | 1987-03-27
No. 86-1102
CAMPBELL, A.C.J., and LEHAN, J., concur.
506 So. 2d 16 Florida District Court of Appeal, Second District (1987) Negative Treatment
Cited by 18 cases

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Synopsis

In a divorce case, the husband appealed a final judgment awarding unlimited medical expense coverage, one-half partnership interest, and college-age insurance coverage to his former wife. The appellate court reversed on the medical expenses, partnership interest, and college insurance provisions but affirmed the award of attorney's fees.


Holding

The court held that: (1) the unlimited medical expense provision was overly broad and should be modified to require insurance coverage with retained jurisdiction to review reasonable uncovered expenses; (2) specific partnership property cannot be awarded under partnership law, so a dollar amount equal to half the value ($37,500) should be awarded instead; (3) the requirement to provide medical insurance through college violates the rule that parental support duties cease at majority absent proven dependency; and (4) the attorney's fees award was properly granted.


Headnotes

[1] A trial court errs by awarding unlimited payment of a former spouse's medical expenses without sufficient limitation on liability.

[2] A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all partners in the same property.

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Key Quotes

“the trial court erred in not sufficiently limiting appellant's liability as to these expenses”

Establishes that unlimited medical expense obligations are improper and require limiting safeguards

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Facts & Procedural History

The parties were married for fifteen years and have two children. The husband owns a one-half interest in a construction company and partnership. The …

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Opinion of the Court
HALL, Judge.

HALL, Judge.

The husband, Robert Angle, appeals the provisions of the final judgment of dissolution of marriage and a subsequent order modifying it. He argues that the trial court erred in awarding his former wife, Virginia Angle, payment of all her medical expenses without limitation, a one-half interest in the property of his partnership, insurance benefits for the parties' minor son until the son finishes his undergraduate college studies, and attorney’s fees. We agree with the husband’s first three contentions and reverse, but we affirm the award of attorney’s fees.

The parties were married for fifteen years and have two children. Neither the husband nor the wife came into the marriage with significant assets. The record reveals that the wife had a history of physical and mental ailments throughout the marriage and is incapable of meaningful employment. The husband owns one-half interest in a construction company and a partnership whose sole assets consist of real property.

In the amended final judgment the trial court ordered that “the Husband is required to maintain for and on behalf of the wife health insurance including but not necessarily restricted to insurance premiums, bills, and deductible amounts relating to medical, dental, ocular, and psychological expenses reasonably and necessarily incurred by the wife until her death or remarriage, whichever shall first occur.”

The husband contends that this provision is “open ended” and subjects him to unlimited financial liability. We agree.

The wife has had a history of mental and physical ailments. These ailments render her incapable of meaningful employment and require continuing treatment. The trial court erred in not sufficiently limiting appellant’s liability as to these expenses. Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA 1986); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985). On remand, the trial court should require the husband to pay for health insurance on behalf of the wife, including all insurance premiums and deductible amounts, and should retain jurisdiction to review requests by the wife to recover all medical expenses necessarily and reasonably incurred by her which are not covered by insurance.

The husband further contends that the trial court erred when it awarded the wife, as lump sum alimony, an undivided one-half interest in his partnership property. The husband argues that under section 620.68(2)(b), Florida Statutes (1984), a partner’s right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property. We agree.

The levy of partnership assets for the debts of an individual partner disrupts the partnership business and, consequently, results in injustice to the other partners. Myrick v. Second National Bank, 335 So. 2d 343 (Fla. 2d DCA 1976).

The trial court determined that the present value of the husband’s one-half interest in the partnership property is $75,-000. To avoid this injustice, the trial court should have awarded the wife one-half of the value of the husband’s interest in the partnership property in a dollar amount rather than in a specific share of the partnership assets. Upon remand, the trial court should award the wife $37,500, as lump sum alimony.

Finally, the husband contends that the trial court erred in requiring him to maintain life and medical insurance for the benefit of the parties’ minor son “terminable upon the legal emancipation of the said minor child, Robert Angle, unless said child shall attend an undergraduate college in which case the Husband shall provide medical insurance which may be reasonably available to the Husband.” We agree.

A parent’s legal duty to support children ceases at the age of majority absent a finding of dependency after majority. Wilkerson v. Wilkerson, 430 So. 2d 542 (Fla. 1st DCA 1983), Kern v. Kern, 360 So. 2d 482 (Fla. 4th DCA 1978). Therefore, on remand, we direct the trial court to strike the provisions of the amended final judgment ordering the husband to provide for medical expenses for the minor child, Robert Angle, during the time he attends undergraduate college after his majority. Hilsman v. Hilsman, 438 So. 2d 880 (Fla. 4th DCA 1983).

In all other respects, the final judgment is affirmed.

Affirmed in part; reversed and remanded with directions.

CAMPBELL, A.C.J., and LEHAN, J., concur.


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Citator

Cited By

  • Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)
    …not be worded "all future,” etc.; those courts have reasoned that type of provision is too open-ended and would subject the paying spouse to unlimited financial liability. See e.g., Holtan v. Holtan, 528 So. 2d 79 (Fla. 2d DCA1988), Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA1987), and Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986). In Brandenburg, we also noted conflict with Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA1985); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA1985); Jones v. Jones, 493 So…
  • Marsh v. Marsh, 553 So. 2d 366 (Fla. 5th DCA 1989)
    …5th DCA 1985); Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985); Van Metre v. Van Metre, 551 So. 2d 593 (Fla. 2d DCA 1989); Perez v. Perez, 539 So. 2d 1178 (Fla. 1st DCA 1989); Holtan v. Holtan, 528 So. 2d 79 (Fla. 2d DCA 1988); Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA 1987); rev. denied, 513 So. 2d 1060 (Fla.1987); Black v. Black, 490 So. 2d 1334 (Fla. 4th DCA 1986); Jordan v. Jordan, 389 So. 2d 1258 (Fla. 1st DCA 1980); Peteler v. Peteler, 145 So. 2d 291 (Fla. 3d DCA 1962). Contra, Brandenburg v. Br…
  • Schiller v. Schiller, 625 So. 2d 856 (Fla. 5th DCA 1993)
    …ler v. Schiller, Case No. 92-1300. . Schiller, et al. v. Schiller, Case No. 92-1484. . Compare Gentile v. Gentile, 565 So. 2d 820 (Fla. 4th DCA 1990). See Gregory, The Law of Equitable Distribution (1989) para. 9.02 [2] and [4]. . Angle v. Angle, 506 So. 2d 16 (Fla.2d DCA), rev. denied, 513 So. 2d 1060 (Fla. 1987); Myrick v. Second National Bank of Clearwater, 335 So. 2d 343 (Fla. 2d DCA 1976). . Atlantic Mobile Homes, Inc. v. LeFever, 481 So. 2d 1002 (Fla. 4th DCA 1986). . 59 Am.Jur.2d Partnership 791.…

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