FRANCES B. EDWARDS, APPELLANT,
v.
JAMES F. EDWARDS, APPELLEE

Fla. 4th DCA | 1988-01-06
No. 87-0893
ANSTEAD, LETTS and GUNTHER, JJ., concur.
519 So. 2d 45 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 2 cases
Topics
Permanent Periodic Alimony Dissolution Of Marriage Attorney'S Fees

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with appellant that the trial court erred in failing to award permanent alimony. See Wagner v. Wagner, 383 So. 2d 987 (Fla. 4th DCA 1980). Because we believe that the award of permanent alimony may affect the resolution of the other financial issues decided by the trial court, we affirm the dissolution but remand this case to the trial court with directions that all financial issues be reconsidered. We decline to pass on the other issues raised on appeal because those issues will be subject to reconsideration by the trial court in view of our ruling on alimony. However, we agree with appellant that the trial court also erred in failing to make some award to her for attorney’s fees. The trial court may, in its discretion, determine the need for the presentation of additional evidence and arguments by the parties before entering judgment on remand. Upon remand the parties will be free to make application to the trial court for such a hearing.

ANSTEAD, LETTS and GUNTHER, JJ., concur.

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Citator

Cited By

  • Edwards v. Edwards, 559 So. 2d 281 (Fla. 4th DCA 1990)
    …PER CURIAM. This is the second time this dissolution has been before us. In Edwards v. Edwards, 519 So. 2d 45 (Fla. 4th DCA 1988) we held that the trial court erred in failing to award the wife permanent periodic alimony. We then remanded the case for reconsideration of all financial issues permitting the court to take additional evidence, if necessary. The…
  • Edwards v. Edwards, 730 So. 2d 711 (Fla. 4th DCA 1999)
    …requested modification of the life insurance provision in his pleadings. The former husband and wife were divorced in 1987. The final judgment, which awarded the former wife rehabilitative alimony, was reversed by this court in Edwards v. Edwards, 519 So. 2d 45 (Fla. 4th DCA [*713] 1988)(Edwards I), with directions to award the former wife permanent periodic alimony. The former wife appealed the second judgment, and this court upheld the amount of the permanent alimony award but determined that the trial c…

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