CHESTER A. FORT, JR., APPELLANT,
v.
ANNE BURTON FORT, APPELLEE
CHESTER A. FORT, JR., APPELLANT,
ANNE BURTON FORT, APPELLEE
97 So. 2d 690
Florida Supreme Court (1957)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant seeks reversal of an order of the Chancellor with reference to support money to be paid to the appellee in a divorce proceeding.
The order under attack is affirmed but without prejudice to the appellant to reapply to the Chancellor for further modification of the alimony award as the exigencies of his situation might require, particularly with reference to the effect of his physical disability resulting from injuries suffered in an automobile collision, as well as any other factors, adversely affecting appellant’s earning capacity, or showing appellee’s lack of need for support.
TERRELL, C. J., and HOBSON, ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
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Barsumian v. Barsumian, 235 So. 2d 515 (Fla. 4th DCA 1970)…ement, a fundamental prerequisite in a modification proceeding is a showing of a substantial change in the circumstances of the parties. There is no allegation of evidence of a change of circumstances in the instant case. See Fort v. Fort, Fla.1956, 97 So. 2d 690, and Putnam v. Putnam, Fla.App.1969, 226 So. 2d 30. The strongest basis for the wife’s position is that of equitable estoppel. This principle seems to exactly fit the circumstances of this case. It was defined in United Contractors, Inc. v. United…