DAVID E. ALLEN, APPELLANT,
v.
MARY M. ALLEN, APPELLEE
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DAUKSCH, Judge.
This is an appeal from a non-final order requiring appellant to pay temporary alimony to appellee. There is no evidentiary basis to support the award. Appellee’s net income is $1,840.00; appellant’s is $719.48. Appellant’s expenses exceed his income; appellee’s do not. Appellant’s expenses are minimal, reasonable, necessary and not inflated; not so appellee’s. For example, appellee claims a $100 monthly dog boarding expense, $100 per month beautician expense and a vague $375 per month home and car repairs.
The order for temporary alimony is reversed because the record clearly shows appellant is unable to pay alimony and appellee is not in need. Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989); Fields v. Fields, 533 So. 2d 922 (Fla. 2d DCA 1988); Schubot v. Schubot, 523 So. 2d 661 (Fla. 4th DCA 1988); Wenzel v. Wenzel, 512 So. 2d 275 (Fla. 4th DCA 1987).
ORDER REVERSED.
COWART and GRIFFIN, JJ., concur.
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Cited By
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Woods v. State, 575 So. 2d 205 (Fla. 1991)…PER CURIAM. We have for review Woods v. State, 561 So. 2d 452 (Fla. 5th DCA 1990), based on express and direct conflict with Fieselman v. State, 566 So. 2d 768 (Fla.1990). Because the state has conceded that Fieselman “invalidates the district court decision,” we quash the opinion below and remand for reconsid…
Authorities Cited
- Barclay v. Barclay, 554 So. 2d 1191 (Fla. 2d DCA 1989)
- Fields v. Fields, 533 So. 2d 922 (Fla. 2d DCA 1988)
- Wenzel v. Wenzel, 512 So. 2d 275 (Fla. 4th DCA 1987)
- Schubot v. Rothe Schubot, 523 So. 2d 661 (Fla. 4th DCA 1988)