EUGENE WHITESIDES, APPELLANT,

v.

PHYLLIS WHITESIDES, APPELLEE

Fla. 3d DCA | 1991-09-17

Nos. 90-429, 90-35

Before BARKDULL, BASKIN and LEVY, JJ.

585 So. 2d 498 Florida District Court of Appeal, Third District (1991) Positive Treatment

Cited by 7 cases

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Holding

The court affirmed the final judgment dissolving the marriage, equitable distribution, and permanent periodic alimony, but reversed the failure to require life insurance to secure deferred lump sum alimony.

Facts & Procedural History

The parties appealed a final judgment dissolving their marriage of twenty-one years, which included equitable distribution, permanent periodic alimony…

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Topics

Life Insurance As Security For Alimony Life Insurance Policy Lump Sum Alimony Permanent Periodic Alimony

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Opinion of the Court

PER CURIAM.

The parties to this appeal seek review by appeal, and cross appeal, of a final judgment disolving their marriage of twenty-one years. The final judgment, among other things, awarded equitable distribution of marital assets, awarded permanent periodic alimony to the wife, plus lump sum alimony to be paid out of the husband’s retirement payments pursuant to the City of Miami Fire Fighters’ and Police Officers’ Retirement Trust, when he ultimately retires from his position as a City of Miami fireman. We find no error in the final judgment as urged by the parties,1 Alvarez v. City of Tampa, 580 So. 2d 151 (Fla.1991); Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla.1986); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989); Dwyer v. Dwyer, 513 So. 2d 1325 (Fla. 2d DCA 1987); City of Miami v. Spurrier, 320 So. 2d 397 (Fla. 3d DCA 1975), except the wife’s point as to the failure of the trial court to require life insurance on the life of the husband.

We return this matter to the trial court to make an appropriate award in the form of insurance to be carried by the husband to protect the wife’s deferred lump sum alimony award. Sobelman v. Sobelman, 541 So. 2d 1153 (Fla.1989); Section 61.08(3), Florida Statutes (1989).

Affirmed in part, reversed in part, with directions.

. The husband also contends that the trial court erred in requiring him to be responsible for one-half of the wife's attorney fees. We find no error in this division in light of the disparity in incomes. Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988); Blackburn v. Blackburn, 513 So. 2d 1360 (Fla. 2d DCA 1987); Lochridge v. Lochridge, 526 So. 2d 1010 (Fla. 2d DCA 1988); Naples Park-Vanderbilt Beach Water District v. Downing, 244 So. 2d 464 (Fla. 2d DCA 1971); Bambrick v. Bambrick, 165 So. 2d 449 (Fla. 2d DCA 1964); Section 59.041, Florida Statutes (1989).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Kennedy v. Kennedy, 622 So. 2d 1033 (Fla. 5th DCA 1993)

…y, as well as the reason that any particular factor is not relevant. If this trial judge is now sitting in another division of the circuit court, the chief judge should assign this matter to the original trial judge. . See Whitesides v. Whitesides, 585 So. 2d 498, 499 n. 1 (Fla. 3d DCA 1991); Blackburn v. Blackburn, 513 So. 2d 1360 (Fla. 2d DCA 1987).…
A.A. v. Cornell Rolle, 604 So. 2d 813 (Fla. 1992)

…on facilities. A.A. v. Rolle, 580 So. 2d 282, 285 (Fla.3d DCA 1991); L.L. v. Woolsey, 583 So. 2d 823, 823 (Fla.lst DCA 1991); A.M.R. v. State, 583 So. 2d 823, 824 (Fla.lst DCA 1991); T.T. v. State, 583 So. 2d 736, 736 (Fla.1st DCA 1991); In re T.S., 585 So. 2d 498, 498 (Fla. 1st DCA 1991); In re L.S., 589 So. 2d 467, 467 (Fla.lst DCA 1991). In A.A. and L.L., the district courts denied the children’s petitions for writs of habeas corpus and affirmed the sentences. A.M.R., T.T., T.S., and L.S. are per curiam af…
B.P. v. State, 588 So. 2d 39 (Fla. 5th DCA 1991)

…ction for contempt, relying upon T.D.L. v. Chinault, 570 So. 2d 1335 (Fla. 2d DCA 1990). We reject this argument and deny the petition for writ of habeas corpus. See A.A. v. Rolle, 580 So. 2d 282 (Fla. 3d DCA 1991). See also In the Interest of T.S., 585 So. 2d 498 (Fla. 1st DCA 1991); In the Interest of R.A., 575 So. 2d 807 (Fla. 4th DCA 1991). We certify conflict with Chinault. Petition Denied. COBB and COWART, JJ., concur.…

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Authorities Cited (12 total)

Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla. 1986)
Goldie Sobelman v. Sobelman, 541 So. 2d 1153 (Fla. 1989)
Blackburn v. Anne E. Blackburn, 513 So. 2d 1360 (Fla. 2d DCA 1987)
Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988)
Bambrick v. Bambrick, 165 So. 2d 449 (Fla. 2d DCA 1964)
Dwyer v. Dwyer, 513 So. 2d 1325 (Fla. 2d DCA 1987)
Lochridge v. Lochridge, 526 So. 2d 1010 (Fla. 2d DCA 1988)
City OF Miami v. Spurrier, 320 So. 2d 397 (Fla. 3d DCA 1975)
Graham M. Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989)

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