GEORGE WILLIAM TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant, George Taylor, seeks reversal of a departure sentence imposed upon him after this court previously reversed an earlier sentence for failure to prepare a written scoresheet. See Taylor v. State, 563 So. 2d 822 (Fla. 2d DCA 1990). In the instant appeal Taylor claims that the trial court violated the principles of Pope v. State, 561 So. 2d 554 (FLa.1990), in imposing a departure sentence. We agree and reverse because the trial court was foreclosed from departing from the guidelines upon our remand in Taylor’s first appeal. Pope; see also Day v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991).
Reversed and remanded with directions to impose a guidelines sentence.
DANAHY, A.C.J., and CAMPBELL and FRANK, JJ., concur.
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Tish Bardin v. State, 720 So. 2d 609 (Fla. 1st DCA 1998)…ed need for support and the former husband’s ability to pay the increased child support existed at the time the former wife’s petition for modification was filed.”); Brock v. Brock, 695 So. 2d 744 (Fla. 1st DCA 1997)(holding same); Reeves v. Reeves, 586 So. 2d 1345 (Fla. 1st DCA 1991)(holding same); Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991)(holding same). The record in the instant case shows that the child needed support from the time Bardin filed her petition and that Bailey had [*612] the ability…1 / 2
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Kirkland v. Kirkland, 618 So. 2d 295 (Fla. 1st DCA 1993)…So. 2d 47 (Fla. 1st DCA 1991). Where the record demonstrates that the former wife had the need and the former husband had the continuous ability to pay, it is appropriate for the trial court to award the alimony retroactively. Cf. Reeves v. Reeves, 586 So. 2d 1345 (Fla. 1st DCA 1991) (where circumstances justifying an increased child support order existed on the date of the final order, trial court directed to make award retroactive); Perdue v. Perdue, 506 So. 2d 72 (Fla. 5th DCA 1987) (increase in alimony sh…
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Miller v. Miller, 826 So. 2d 480 (Fla. 1st DCA 2002)…So. 2d 44, 46 (Fla. 1st DCA 1994) (same where “the child’s increased need for support and the former husband’s ability to pay the increased child support existed at the time the former wife’s petition for modification was filed.”); Reeves v. Reeves, 586 So. 2d 1345, 1346 (Fla. 1st DCA 1991) (same); Davis v. Davis, 581 So. 2d 1005, 1005 (Fla. 1st DCA 1991) (same). Affirmed in part, reversed in part, and remanded. BOOTH and Van NORTWICK, JJ„ concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Taylor v. State, 563 So. 2d 822 (Fla. 2d DCA 1990)
- Stenson v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991)