LOUIS NOVA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on May 17, 1977 (346 So. 2d 1214) reversing the judgment of the circuit court of Dade County, Florida, in the above styled cause; and
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed July 27, 1978 (361 So. 2d 411) and mandate now lodged in this court, quashed this ,court’s judgment and remanded the cause for reinstatement of this trial court’s judgment,
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued on June 20, 1977 is withdrawn, the judgment of this court filed May 17, 1977 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment of the trial court appealed from is reinstated and affirmed. Costs allowed shall be taxed in the trial court (Rule 3.16, Florida Appellate Rules.)
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King v. King, 82 So. 3d 1124 (Fla. 2d DCA 2012)…(citations omitted). Thus a modification of alimony “can only be based on changed conditions occurring since entry of the prior award or modification thereto.” Ferguson v. Ferguson, 921 So. 2d 796, 797 (Fla. 5th DCA 2006) (citing Hosford v. Hosford, 362 So. 2d 973 (Fla. 1st DCA 1978) and § 61.14, Fla. Stat. (2004)). Reading subsection (l)(b) of the statute in pari materia with subsection (l)(a) compels the conclusion that a supportive relationship does not authorize a reduction or termination of alimony unles…
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Ferguson v. Ferguson, 921 So. 2d 796 (Fla. 5th DCA 2006)…involuntary, and permanent in nature. E.g., Douglas v. Douglas, 795 So. 2d 99 (Fla. 5th DCA 2001). Such modification can only be based on changed conditions occurring since entry of the prior award or modification thereto. E.g., Hosford v. Hosford, 362 So. 2d 973 (Fla. 1st DCA 1978); § 61.14, Fla. Stat. (2004). Where the alimony is set by the parties’ agreement, the party who seeks a change carries a heavier burden. E.g., Pimm v. Pimm, 601 So. 2d 534, 537 (Fla.1992). An evidentiary hearing is not required on…
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Johnson v. Johnson, 537 So. 2d 637 (Fla. 2d DCA 1988)…odification. Nor does the evidence reflect any substantive change of circumstance since the previous modification of the final judgment. A modification of alimony can be based only on circumstances changed since the prior award. Hosford v. Hosford, 362 So. 2d 973 (Fla. 1st DCA 1978). In Hosford, the court held that “[o]nce the court has found sufficient change in circumstances to require modification and thereupon enters an order, the facts and circumstances supporting that modification may not be revisited…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Nova, 361 So. 2d 411 (Fla. 1978)
- Nova v. State, 346 So. 2d 1214 (Fla. 3d DCA 1977)