BRUNO DIPASQUALE
v.
LISETTE DIPASQUALE

Fla. 2d DCA | 2019-04-24
No. 17-2267
Emas, Logue, Suarez
275 So. 3d 686 Florida District Court of Appeal, Second District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The appellate court affirmed the lower court's decisions regarding marriage dissolution and denial of a motion to modify a marital settlement agreement. However, it allowed the appellant to raise his arguments in a future modification petition.


Holding

The appellate court affirmed the lower court's decisions. However, it ruled that the appellant could raise his arguments in a subsequent petition for modification.


Headnotes

[1] In cases involving a marital settlement agreement, the effective date of the agreement establishes the date to which a trial court should look in determining whether a su…

[2] The effective date of a marital settlement agreement establishes the pertinent date for determining whether a substantial change in circumstances contemplated by the part…

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Key Quotes

“We affirm without prejudice to Mr. DiPasquale asserting the arguments he has raised in this appeal in a subsequent petition for modification.”

This quote explains the court's decision to affirm but allow the appellant to pursue his arguments in a different procedural context.

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Facts & Procedural History

The appellant, Bruno DiPasquale, appealed from the final judgment dissolving his marriage to Lisette DiPasquale and from an order denying his motion t…

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Opinion of the Court

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

BRUNO DIPASQUALE, ) ) Appellant, ) ) v. ) Case No. 2D17-2266 ) 2D17-2267 LISETTE DIPASQUALE, ) ) CONSOLIDATED Appellee. ) )

Opinion filed April 24, 2019.

Appeal from the Circuit Court for Collier County; Joseph G. Foster, Judge.

Raymond J. Rafool and David R. Hazouri of Rafool, LLC, Miami, for Appellant.

Cynthia B. Hall of Silveri & Ball, P.A., Naples, for Appellee.

PER CURIAM.

In this consolidated appeal, Bruno DiPasquale appeals from the final judgment dissolving his marriage to Lisette DiPasquale and from the order denying his motion to modify the parties' partial marital settlement agreement (PMSA). We affirm without prejudice to Mr. DiPasquale asserting the arguments he has raised in this appeal in a subsequent petition for modification. Cf. Dogoda v. Dogoda, 233 So. 3d

484, 488 (Fla. 2d DCA 2017) ("In cases involving an MSA, the effective date of the agreement establishes the date to which a trial court should look in determining whether a substantial change in circumstances was contemplated by the parties.").

Affirmed.

CASANUEVA, KELLY, and LUCAS, JJ., Concur.


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