MICHAEL SAMUEL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hahamovitch v. Hahamovitch, 133 So. 3d 1008 (Fla. 4th DCA 2014)
  …k modification of alimony provisions in a settlement agreement if the language in the agreement clearly and unambiguously expresses waiver or if the interpretation of the agreement as a whole can lead to no other conclusion but waiver. Tapp v. Tapp, 887 So. 2d 442, 444 (Fla. 2d DCA 2004). Here, the trial court erred in finding that the wife waived the right to petition for a modification of alimony. The [*1017] trial court construed the prenuptial agreement to constitute a “blend” of property distribution an…
• Rosenthal v. Rosenthal, 199 So. 3d 541 (Fla. 1st DCA 2016)
  …e language in the agreement clearly and unambiguously expresses waiver or if the interpretation of the agreement as a whole can lead to no other conclusion but waiver.’ ” Cook v. Cook, 94 So. 3d 683, 685-86 (Fla. 4th DCA 2012) (quoting Tapp v. Tapp, 887 So. 2d 442, 444 (Fla. 2d DCA 2004) (internal citation omitted)). Here, we find the language of the marital settlement agreement did not clearly and unambiguously indicate the parties’ intent to waive the right to modify the alimony award. The former wife urg…
• Elbaum v. Elbaum, 141 So. 3d 658 (Fla. 4th DCA 2014)
  …the interpretation of the agreement as a whole can lead to no other conclusion but waiver.” Hahamovitch v. Hahamovitch, 133 So. 3d 1008, 1016 (Fla. 4th DCA 2014), rev. granted, No. SC14-277, 2014 WL 1682898 (Fla. Apr. 22, 2014) (citing Tapp v. Tapp, 887 So. 2d 442, 444 (Fla. 2d DCA 2004)). Waiver, in this context, “encompasses not only the intentional or voluntary relinquishment of a known right, but also conduct that warrants an inference of the relinquishment of a known right.” Singer v. Singer, 442 So. 2d…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)