CAROL A. DONNELLY F/K/A CAROL A. PRAHL, APPELLANT,

v.

ADEL T. FAHMY, M.D. AND ADEL T. FAHMY, M.D., P.A., APPELLEES

Citator

Cited By

• Kelson v. Kelson, 675 So. 2d 1370 (Fla. 1996)
  …KOGAN, Justice. We have for review Kelson v. Kelson, 647 So. 2d 959 (Fla. 1st DCA 1994), because of conflict with Abernethy v. Fishkin, 638 So. 2d 160 (Fla. 5th DCA 1994), on the issue of whether Voluntary Separation Incentive (VSI) benefits paid to a service member upon voluntary separation from the armed forces qu…
• Abernethy v. Fishkin, 699 So. 2d 235 (Fla. 1997)
  …those payments were made under paragraph 22. . Abernethy’s VSI benefits were calculated using the following formula: 2.5% x final monthly basic pay x 12 months x 16 years of service. . The First District found to the contrary in Kelson v. Kelson, 647 So. 2d 959 (Fla. 1st DCA 1994). In addressing the conflict between Abemethy I and Kelson, a majority of the Florida Supreme [*238] Court agreed with the court in Abernethy I that VSI payments are the "functional equivalent” of retired pay. Kelson v. Kelson, 67…
• Blevins v. Bonita Blevins, 649 So. 2d 315 (Fla. 1st DCA 1995)
  …tal. I would also think, however, that upon sufficient proof, a court could enforce an earlier order of equitable distribution by viewing all or part of an early retirement incentive as the substantial equivalent of a pension. See, Kelson v. Kelson, 647 So. 2d 959 (Fla. 1st DCA 1994) (Booth, J., dissenting). I would require the trial court to hold a hearing on remand to address this issue.…

Authorities Cited

• Metro. Life Ins. Co. v. McCARSON, 467 So. 2d 277 (Fla. 1985)