MARY C. LAUX, APPELLANT,
v.
FORREST E. LAUX, APPELLEE
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Florida appellate court reversed dismissal of former wife's petition to modify rehabilitative alimony, holding that the amended petition related back to the timely original petition and was therefore within the two-year rehabilitative term.
An amended petition for modification of rehabilitative alimony relates back to the original petition under Rule 1.190(c) and is timely if filed within the two-year rehabilitative term.
[1] An amended petition for modification of rehabilitative alimony relates back to the original petition under Rule 1.190(c), Fla. …
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Join FLexlaw to unlock all legal intelligenceA dissolution judgment awarded the former wife $100 per week rehabilitative alimony for two years beginning September 13, 1985. The former wife filed …
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FRANK, Judge.
The final judgment of dissolution terminating the parties’ marriage awarded the former wife rehabilitative alimony in the amount of $100 per week for a period of two years beginning September 13, 1985. On September 11, 1987, the former wife filed a petition for modification of the rehabilitative alimony, and an amended petition was filed on September 22,1987. On October 1, 1987 the former husband filed a motion to dismiss the petition. A proceeding conducted by the trial court on January 20, 1988 was not transcribed. Subsequently, on January 25, 1988, the trial court entered an order dismissing the amended petition for modification with prejudice. We reverse.
In spite of the absence of a transcript of the January 20 hearing, our review of the record we do have compels the conclusión that the amended petition was erroneously dismissed on jurisdictional grounds. The amended petition related back to the date of the original petition. Rule 1.190(c), Fla. R.Civ.P. The former wife’s petition filed on September 11, 1987 was timely and, therefore, the amended petition was within the two year rehabilitative term enabling the trial court to consider the amended petition on the merits. Pujals v. Pujals, 414 So. 2d 228 (Fla. 3d DCA 1982).
This matter is reversed with instructions to consider the former wife’s amended petition for modification of rehabilitative alimony on the merits.
SCHOONOVER, A.C.J., and THREADGILL, J., concur.
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Merilyn E. Mouton v. Mouton, 590 So. 2d 40 (Fla. 2d DCA 1991)…ilitative term, or whether that jurisdiction expires at an earlier date upon payment of all amounts owing as rehabilitative alimony. Resolving an apparent intradistrict conflict between Lee v. Lee, 309 So. 2d 26 (Fla. 2d DCA 1975), and Laux v. Laux, 543 So. 2d 462 (Fla. 2d DCA 1989), we hold that a trial court has jurisdiction to consider a motion to modify rehabilitative alimony if the motion is filed within the rehabilitative term described in the judgment. On January 23, 1989, the trial court entered a fi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pujals v. Pujals, 414 So. 2d 228 (Fla. 3d DCA 1982)