DEBORAH A. MILLER, APPELLANT,
v.
BENJAMIN K. MILLER, APPELLEE
DEBORAH A. MILLER, APPELLANT,
BENJAMIN K. MILLER, APPELLEE
679 So. 2d 858
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant raises a number of issues on appeal, two of which have merit. We find that (1) the trial court erred in failing to award the wife’s attorney’s fees for the original contempt action, the original appeal, and the instant proceedings in the trial court, Bromante v. Bromante, 577 So. 2d 662, 663 (Fla. 1st DCA 1991); Brock v. Brock, 654 So. 2d 163 (Fla. 1st DCA 1995); and (2) the trial court erred in failing to award prejudgment interest on the child support and alimony arrearages, Thurman v. Thurman, 637 So. 2d 64 (Fla. 1st DCA 1994).
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Conway v. Conway, 111 So. 3d 925 (Fla. 1st DCA 2013)…novo standard. Wood v. Unknown Personal Representative of Estate of Burnette, 56 So. 3d 74, 76 (Fla. 2nd DCA 2011). We have consistently reversed trial court orders that fail to award prejudgment interest on support arrearages. See Miller v. Miller, 679 So. 2d 858 (Fla. 1st DCA 1996); Nelson-Higdon v. Higdon, 680 So. 2d 524 (Fla. 1st DCA 1996); Thurman v. Thurman, 637 So. 2d 64, 65 (Fla. 1st DCA 1994). In this case, the trial court did not elaborate in its Final Order as to why it was declining to award any…
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Gremel v. Gremel, 45 So. 3d 978 (Fla. 2d DCA 2010)…911 So. 2d 262, 271 (Fla. 5th DCA 2005) (“[TJhe court ... would err by declining to award prejudgment interest for arrearages. Courts must award prejudgment interest on arrearages found to be due in the final judgment.”); see also Miller v. Miller, 679 So. 2d 858, 858 (Fla. 1st DCA 1996) (“[TJhe trial court erred in failing to award prejudgment interest on the child support and alimony arrearag-es.”). Because the final judgment of dissolution fails to address this issue, we remand for the trial court to do s…
Authorities Cited
- Genie Sue Anne McCreery Bromante v. Bromante, 577 So. 2d 662 (Fla. 1st DCA 1991)
- Thurman v. Thurman, 637 So. 2d 64 (Fla. 1st DCA 1994)
- Brock v. Newman D. Brock, 654 So. 2d 163 (Fla. 1st DCA 1995)