JAMES E. BLYTHE, APPELLANT,
v.
JOY BLYTHE, APPELLEE
JAMES E. BLYTHE, APPELLANT,
JOY BLYTHE, APPELLEE
592 So. 2d 356
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 6 cases
Opinion of the Court
POLEN, Judge.
The former husband appeals a post-judgment order adjudicating him in contempt for failure to pay permanent periodic alimony as ordered by the court. This court, in a separate opinion issued today, has reversed, in part; the final judgment of dissolution, with instructions to the trial court to revisit the propriety of the award of permanent periodic alimony. Blythe v. Blythe, 592 So. 2d 353 (Fla. 4th DCA 1992). Because the award of permanent periodic alimony was reversed, the order holding the former husband in contempt for failure to pay that alimony is erroneous. See, e.g., Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980); Winner v. Winner, 376 So. 2d 924 (Fla. 3d DCA 1979).
REVERSED AND REMANDED.
GLICKSTEIN, C.J., and DELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Narcisse Antoine v. State, 138 So. 3d 1064 (Fla. 4th DCA 2014)…idence is offered on the issue of who was the aggressor, “because the evidence is offered to show the conduct of the victim, rather than the defendant’s state of mind.” Dwyer v. State, 743 So. 2d 46, 48 (Fla. 5th DCA 1999); see also Melvin v. State, 592 So. 2d 356, 357 (Fla. 4th DCA 1992) (holding that deceased’s reputation as a bully was admissible even though the defendant did not know of that reputation). A second purpose to offer evidence of the victim’s character trait of violence in a self-defense ease…
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Nelson v. State, 739 So. 2d 1177 (Fla. 4th DCA 1999)…n order to prove that the victim was acting in conformity with that character trait at the time. Such evidence is admissible because it is relevant to the issue of who was the aggressor. Fine v. State, 70 Fla.412, 70 So. 379 (1915); Melvin v. State, 592 So. 2d 356 (Fla. 4th DCA 1992). Section 90.405 entitled “Methods of proving character,” provides that when evidence of character is admissible, it may be established by testimony about the person’s reputation. In Larzelere v. State, 676 So. 2d 394 (Fla.1996)…
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Leonel Munoz v. State, 45 So. 3d 954 (Fla. 3d DCA 2010)…the aggressor. A defendant’s prior knowledge of the victim’s reputation for violence is irrelevant, because the evidence is offered to show the conduct of the victim, rather than the defendant’s state of mind.”) (citations omitted); Melvin v. State, 592 So. 2d 356, 357 (Fla. 4th DCA 1992) (concluding that the trial court erred by excluding testimony that the victim had a reputation as a bully because there was no showing [*957] that the defendant had knowledge of the victim’s reputation); Marcum v. State, 341…
Authorities Cited
- Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980)
- Blythe v. Blythe, 592 So. 2d 353 (Fla. 4th DCA 1992)
- Winner v. Winner, 376 So. 2d 924 (Fla. 3d DCA 1979)