CHICAGO TITLE INSURANCE COMPANY, APPELLANT,
v.
MILTON B. HOLLANDER, ET AL, APPELLEES
CHICAGO TITLE INSURANCE COMPANY, APPELLANT,
MILTON B. HOLLANDER, ET AL, APPELLEES
696 So. 2d 1279
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Jacobson v. Humana Med. Plan, Inc., 636 So. 2d 120 (Fla. 3d DCA 1994); 3M Elec. Corp. v. Vigoa, 443 So. 2d 111 (Fla. 3d DCA 1983), rev. denied, 447 So. 2d 888 (Fla.1984).
SCHWARTZ, C.J., and GODERICH, J., concur.
Dissent
COPE, Judge,
dissenting.
In my view there is no contractual or statutory basis for appellee buyers to recover attorney’s fees from appellant escrow agent.
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Rykiel v. Rykiel, 838 So. 2d 508 (Fla. 2003)…led to applicable deductions.” The court erred in so ruling. The usual treatment of alimony is to make the alimony taxable to the recipient and deductible by the payer. See generally Rihl v. Rihl, 727 So. 2d 272 (Fla. 3d DCA 1999); Garcia v. Garcia, 696 So. 2d 1279 (Fla. 2d DCA 1997). If the trial court wanted to avoid burdening the former wife with the tax consequences of the alimony payments the court has the discretion to provide that “the payor [former husband] will not deduct the alimony payments so that…
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Almodovar v. Almodovar, 754 So. 2d 861 (Fla. 3d DCA 2000)…led to applicable deductions.” The court erred in so ruling. The usual treatment of alimony is to make the alimony taxable to the recipient and deductible by the payer. See generally Rihl v. Rihl, 727 So. 2d 272 (Fla. 3d DCA 1999); Garcia v. Garcia, 696 So. 2d 1279 (Fla. 2d DCA 1997). If the trial court wanted to avoid burdening the former wife with the tax consequences of the alimony payments the court has the discretion to provide that “the payor [former husband] will not deduct the alimony payments so that…
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- 3M Elec. Corp. v. Vigoa, 443 So. 2d 111 (Fla. 3d DCA 1983)
- Ira S. Jacobson, M.D. v. Humana Med. Plan, Inc., 636 So. 2d 120 (Fla. 3d DCA 1994)