SCOTT T. RILEY, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, ET AL., APPELLEES
SCOTT T. RILEY, APPELLANT,
DEPARTMENT OF CORRECTIONS, ET AL., APPELLEES
605 So. 2d 571
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This court will treat appellee’s motion for relinquishment of jurisdiction as a confession of error that summary denial of the petition for writ of mandamus was error. See, e.g., Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So. 2d 676 (Fla. 1st DCA 1988). Accordingly, the order on appeal is reversed and remanded for further proceedings.
JOANOS, C.J., and ERVIN and BARFIELD, JJ., concur.
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Hoyt D. Allen v. Allen, 650 So. 2d 1019 (Fla. 2d DCA 1994)…Supreme Court held that section 1408 does not grant state courts the power to treat, as property divisible upon divorce, military retirement pay that has been waived to receive veteran’s disability. This court followed Mansell in Fondren v. Fondren, 605 So. 2d 571 (Fla. 2d DCA 1992). The appellant’s argument is based on these decisions, which he says forbid using his disability retirement to measure his ability to pay alimony and as a source for the payment of alimony. The appellee argues otherwise, but she h…
Authorities Cited
- Gulf Coast Home Health Servs. OF Fla., Inc. v. Dep't OF Health & Rehabilitative Servs., 519 So. 2d 676 (Fla. 1st DCA 1988)
- Pure Fresh Enters., Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So. 2d 676 (Fla. 1st DCA 1988)