JAMES CLINTON VAN METRE, APPELLANT,
v.
JUDITH SUSAN VAN METRE, APPELLEE
PER CURIAM.
Appellant/husband raises four issues in his challenge of a final judgment of dissolution of marriage. We find merit only in appellant’s argument that the trial court erred when it ordered him to “pay all reasonable and necessary medical expenses incurred by the Wife which are not covered by insurance obtained through her employer.” Such an open-ended and unlimited financial liability is unenforceable. 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).
We therefore reverse that portion of the final judgment. The judgment is otherwise affirmed. On remand, the trial court may require appellant to maintain medical insurance on behalf of wife and reserve jurisdiction to review future requests for other reasonable and necessary medical expenses not covered by insurance.
Affirmed in part, reversed in part and remanded.
CAMPBELL, C.J., and DANAHY and THREADGILL, JJ., concur.
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Marsh v. Marsh, 553 So. 2d 366 (Fla. 5th DCA 1989)…Szemborski v. Szemborski, 530 So. 2d 361 (Fla. 5th DCA 1988); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA 1986); Richards v. Richards, 477 So. 2d 620 (Fla. 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 (…
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Loss v. Loss, 608 So. 2d 39 (Fla. 4th DCA 1992)…nor considered in our opinion. In her challenge to that portion of our opinion which held insufficient any agreement by Dr. Loss to be responsible for all of Mrs. Loss’s medical expenses, the former wife seeks to distinguish Van Metre v. Van Metre, 551 So. 2d 593 (Fla.2d DCA 1989), and cites Hill v. Hill, 415 So. 2d 20 (Fla. 1982). In Hill, while declining to abrogate the doctrine of interspousal immunity, the supreme court pointed out that in dissolution proceedings, an abusive spouse could be held responsi…1 / 2
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Edgar v. Edgar, 668 So. 2d 1059 (Fla. 2d DCA 1996)…discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). A court’s failure to set any limit on health insurance and noncovered expenses constitutes reversible error. Marsh v. Marsh, 553 So. 2d 366 (Fla. 5th DCA 1989); Van Metre v. Van Metre, 551 So. 2d 593 (Fla. 5th DCA 1986); Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA), review denied, 513 So. 2d 1060 (Fla.1987). Here, the court set a cap of $5,000.00 on the husband’s obligation with respect to health insurance and noncovered expenses, and allowed him…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA 1987)
- Holtan v. Holtan, 528 So. 2d 79 (Fla. 2d DCA 1988)