LINDA DIANE NELSON-HIGDON, APPELLANT,
v.
CHARLES RICHARD HIGDON, IV., APPELLEE
PER CURIAM.
Appellant challenges portions of a supplemental final judgment of dissolution of marriage. We find no error except as to the trial court’s failure to award prejudgment interest on the accrued support arrearage. See Romans v. Romans, 611 So. 2d 92 (Fla. 1st DCA 1992) (wife entitled to prejudgment interest on support arrearages from date such payments were due); Holt v. Holt, 596 So. 2d 106 (Fla. 1st DCA 1992); Applegate v. Applegate, 566 So. 2d 865 (Fla. 1st DCA 1990); Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980), review denied, 399 So. 2d 1144 (Fla.1981). We remand to the trial court for entry of an appropriate award of prejudgment interest on the former husband’s support arrearage. The final judgment is in all other respects affirmed.
ERVIN, MINER and VAN NORTWICK, JJ., concur.
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Warner v. Warner, 692 So. 2d 266 (Fla. 5th DCA 1997)…earage. On appeal, the wife contends interest should have been awarded on the support arrearage and on the $18,000 equitable distribution. We agree that interest should have been awarded on the child support arrear-age. See Nelson-Higdon v. Higdon, 680 So. 2d 524 (Fla. 1st DCA 1996) (failure to award prejudgment interest on accrued support arrearage is error); Romans v. Romans, 611 So. 2d 92 (Fla. 1st DCA 1992) (holding that wife was entitled to prejudgment interest on alimony and child support arrearages fr…
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Shrove v. Shrove, 724 So. 2d 679 (Fla. 4th DCA 1999)…th the wife that the court erred in failing to award prejudgment interest on the arrearages found to be due in the final judgment. See Butchart v. Butchart, 469 So. 2d 965, 965 (Fla. 4th DCA 1985); Warner, 692 So. 2d at 270; Nelson-Higdon v. Higdon, 680 So. 2d 524, 524 (Fla. 1st DCA 1996); Applegate v. Applegate, 566 So. 2d 865, 866 (Fla. 1st DCA 1990). The husband concedes that the wife is entitled to post-judgment interest after entry of the final judgment. See § 55.03(1), Fla. Stat. (1997). The remaining…
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Conway v. Conway, 111 So. 3d 925 (Fla. 1st DCA 2013)…ate 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 prejudgment interest. The fact that the trial court awarded t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980)
- Applegate v. Applegate, 566 So. 2d 865 (Fla. 1st DCA 1990)
- Romans v. Romans, 611 So. 2d 92 (Fla. 1st DCA 1992)
- Holt v. Holt, 596 So. 2d 106 (Fla. 1st DCA 1992)
- Southpointe Pharmacy v. Dep't of Health & Rehabilitative Servs., 596 So. 2d 106 (Fla. 1st DCA 1992)