MELVIN K. SILVERMAN, APPELLANT,
v.
BESS ANN SILVERMAN, APPELLEE

Fla. 4th DCA | 1998-08-26
No. 97-0834
STONE, C.J., and FARMER and STEVENSON, JJ„ concur.
715 So. 2d 1155 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the final judgment of dissolution awarding the former wife a property interest in the pending contingency fee matters of the former husband’s law practice. See Roberts v. Roberts, 689 So. 2d 378 (Fla. 4th DCA 1997). On remand, the trial court may reconsider the alimony award in terms of the likelihood of recovery of fees in considering the former husband’s income and present standard of living, or the court may reserve the right to consider the fees in a future modification, as they have not yet been considered and bear on the former husband’s ability to pay. See id. at 382.

STONE, C.J., and FARMER and STEVENSON, JJ„ concur.


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  • Laloggia-Vonhegel v. Vonhegel, 732 So. 2d 1131 (Fla. 2d DCA 1999)
    …arent’s contumacious conduct. In comparison, an award of make-up or additional visitation may serve both to redress the wrong to the parent and to effectuate compliance with the court’s authority. We hold, as did our sister court in Pace v. Solomon, 715 So. 2d 1155 (Fla. 5th DCA 1998), that a transfer of custody as punishment is not an appropriate sanction for contempt. See also Moody v. Moody, 721 So. 2d 731 (Fla. 1st DCA 1998). Next, using Mr. VonHegel’s amended petition for modification of the final judgme…
  • Berger v. Berger, 795 So. 2d 113 (Fla. 5th DCA 2001)
    …ll settled that a contempt order should not be the basis for a change of custody (or extensive visitation) order. Laloggia-Vonhegel v. Vonhegel, 732 So. 2d 1131 (Fla. 2d DCA 1999); Moody v. Moody, 721 So. 2d 731 (Fla. 1st DCA 1998); Pace v. Solomon, 715 So. 2d 1155 (Fla. 5th DCA 1998); Gielchinsky v. Gielchinsky, 662 So. 2d 732 (Fla. 4th DCA 1995). The purpose of a civil contempt proceeding is to obtain compliance with the court’s initial order. The sanction of changing custody or visitation does not coerce co…
  • Camila Ashby v. Murray, 113 So. 3d 951 (Fla. 5th DCA 2013)
    …F.S. 61.13, and Mother's Sworn Ex Parte Motion for Entry of Order for Immediate Return of Minor Child to Mother and for Other Sanctions. . Contempt orders should not be the basis for a change of custody. Berger, 795 So. 2d at 117; Pace v. Solomon, 715 So. 2d 1155, 1156 (Fla. 5th DCA 1998) ("A transfer of custody as punishment for one's contempt of court is not an appropriate sanction for the contempt.”).…

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