HELEN ROBERTSON MARKHAM, APPELLANT,
v.
CHARLES WHITLOW MARKHAM, APPELLEE

Fla. 2d DCA | 1973-08-31
No. 71-803
HOBSON and McNULTY, JJ., concur., MANN, C. J., dissents.
282 So. 2d 643 Florida District Court of Appeal, Second District (1973) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have carefully considered the briefs and record on appeal and find that the final judgment appealed is supported by competent substantial evidence. See Fort v. Fort, 90 So.2d 313 (Fla.1956).

Affirmed.

HOBSON and McNULTY, JJ., concur.

MANN, C. J., dissents.

MANN, Chief Judge

(dissenting).

This case seems to me to be closer to Hood v. Hood, Fla.App.2d 1958, 100 So.2d 422, than to Fort, supra. There was in Hood an element of fraud not present in this case, but nevertheless the result of Dr. Markham’s working for less income in .exchange for substantial stock in a corporation which bought the professional clinic operated by Markham and others is an improper diminution of the money properly payable by him for the maintenance of his former wife. I think the trial judge ruled incorrectly that he lacked authority to consider this question. I would reverse.

Dissent
MANN, Chief Judge

MANN, Chief Judge

(dissenting).

This case seems to me to be closer to Hood v. Hood, Fla.App.2d 1958, 100 So. 2d 422, than to Fort, supra. There was in Hood an element of fraud not present in this case, but nevertheless the result of Dr. Markham’s working for less income in .exchange for substantial stock in a corporation which bought the professional clinic operated by Markham and others is an improper diminution of the money properly payable by him for the maintenance of his former wife. I think the trial judge ruled incorrectly that he lacked authority to consider this question. I would reverse.


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    …Certiorari denied. 282 So. 2d 643. CARLTON, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur.…

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