ALAN JAY HODIN, APPELLANT,
v.
MARILYN STRAUSS HODIN, APPELLEE
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PER CURIAM.
This is an appeal and cross appeal from a final judgment of marriage dissolution in which both parties attack the child support and rehabilitative alimony awards. The wife also appeals a provision of a post-judgment order allowing the husband to pay part of the child support award directly to the private school which the parties’ minor child attends; the husband further appeals a post-judgment order requiring him to pay the wife’s attorney’s fees. We conclude that neither party has shown an abuse of discretion or legal error in any of these rulings and affirm the final judgment and post-judgment orders appealed from in all respects. In particular, we conclude that there was sufficient evidence in this record for the trial court to conclude that the husband has the present earning capacity to pay for the alimony, child support, and attorney’s fees awarded in this cause. See, e.g., Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Blackburn v. Blackburn, 513 So. 2d 1360 (Fla. 2d DCA 1987); Maddux v. Maddux, 495 So. 2d 863 (Fla. 4th DCA 1986); Linn v. Linn, 464 So. 2d 614, 617 (Fla. 4th DCA 1985); Anderson v. Anderson, 451 So. 2d 1030 (Fla. 3d DCA 1984).
AFFIRMED.
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Cited By (11 total)
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Hildagarde Simmons v. State, 551 So. 2d 607 (Fla. 5th DCA 1989)…ended statute. Here, however, the taking was completed without any use of force and the property abandoned before any force was employed. There was no relationship between the force used and the taking as required by the statute. See State v. Baker, 540 So. 2d 847 (Fla. 3d DCA 1989). These undisputed facts do not establish a robbery but do establish the necessarily lesser included offense of petit theft. See J.C.B. v. State, 512 So. 2d 1073 (Fla. 1st DCA 1987), rev. denied, 520 So. 2d 586 (1988). The defenda…
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Rumph v. State, 544 So. 2d 1150 (Fla. 5th DCA 1989)…this amendment was intended to supersede the Florida Supreme Court decision of Royal v. State, 490 So. 2d 44 (Fla.1986). Royal held that to constitute robbery, force must be used prior to or while the taking is in progress. See also, State v. Baker, 540 So. 2d 847 (Fla. 3d DCA 1989) (the legislature’s clear intent was to repeal Royal)) Williams v. State, 516 So. 2d 975 (Fla. 5th DCA 1987) rev. denied, 525 So. 2d 881 (Fla.1988) (Judge Cobb’s dissent at ftnt. 2). Appellant’s use of force to shove Ms. King out o…
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Douglas v. State, 824 So. 2d 256 (Fla. 4th DCA 2002)…RIAM. Affirmed. See § 812.13(1) and 3(b), Fla. Stat. (1997) (provides that robbery occurs if force or intimidation is used “prior to or contemporaneous' with, or subsequent to the taking of the property ....”) (emphasis added); see State v. Baker, 540 So. 2d 847, 848 (Fla. 3d DCA 1989) (legislature amended statute to repeal rule in Royal v. State, 490 So. 2d 44 (Fla.1986)). GUNTHER, WARNER and SHAHOOD, JJ., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Broward Cnty. Bd. of Cnty. Comm'rs v. State, 495 So. 2d 863 (Fla. 4th DCA 1986)
- Blackburn v. Anne E. Blackburn, 513 So. 2d 1360 (Fla. 2d DCA 1987)
- Linn v. Linn, 464 So. 2d 614 (Fla. 4th DCA 1985)
- T.L.W. v. State, 451 So. 2d 1030 (Fla. 3d DCA 1984)