LARRY ALLEN HARTS, APPELLANT,
v.
JOYCE K. HARTS, APPELLEE
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Florida appellate court affirmed a divorce judgment awarding the wife a 1978 Fiat automobile with husband-paid installments and a $10,000 lump sum alimony with a lien on the marital home, finding substantial competent evidence supported the trial court's exercise of discretion.
A trial court does not abuse its discretion in awarding lump sum alimony through transfer of a vehicle with payment obligations and a monetary sum secured by a lien on marital property when substantial competent evidence supports such awards.
[1] A trial court's award of lump sum alimony through transfer of marital property with payment obligations and a secured monetary sum does not constitute an abuse of discret…
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PER CURIAM.
The final judgment of marriage dissolution under review is affirmed upon a holding that: (a) there was substantial, competent evidence in this record upon which the trial court could properly award the wife, as it did, the subject 1978 Fiat automobile and require the husband to make the payments thereon as a form of lump sum alimony; and (b) there was substantial, competent evidence in this record upon which the trial court could award the wife, as it did, $10,000, impose a lien in that amount against the marital home to guarantee payment of said sum, and authorize a payment schedule thereon, as a form of lump sum alimony. It is not the function of this court to substitute its judgment for that of the trial court, as urged by the husband, through re-evaluation of the testimony and evidence from the record on appeal before us and to interfere with the trial court’s admittedly broad discretion in matters of this nature.
We find no abuse of discretion here, and, accordingly, are compelled to affirm. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Rosenberg v. Rosenberg, 371 So. 2d 672 (Fla.1979) adopting 352 So. 2d 867 (Fla.3d DCA 1977) (Hubbart, J., dissenting); Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); Yandell v. Yandell, 39 So. 2d 554, 556 (Fla.1949).
Affirmed.
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Cited By
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Schottenstein v. Schottenstein, 384 So. 2d 933 (Fla. 3d DCA 1980)…1980); Rosenberg v. Rosenberg, 371 So. 2d 672 (Fla.1979), adopting Judge Hubbart’s dissenting opinion reported at 352 So. 2d 867 (Fla.3d DCA 1977); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Yandell v. Yandell, 39 So. 2d 554 (Fla.1949); Harts v. Harts, 383 So. 2d 952 (Fla.3d DCA 1980). We find no such abuse of discretion. We find otherwise, however, with respect to the trial court’s denial of increased child support. At the time of the hearing the children were ages seven and eleven, with obvious increased need…
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Greene v. Greene, 895 So. 2d 503 (Fla. 5th DCA 2005)…h DCA 2002); Young v. Young, 677 So. 2d 1301 (Fla. 5th DCA 1996). . Blanchard v. Blanchard, 793 So. 2d 989 (Fla. 2d DCA 2001); Glazner v. Glazner, 693 So. 2d 650 (Fla. 5th DCA 1997). . Noe v. Noe, 431 So. 2d 657 (Fla. 2d DCA 1983); Harts v. Harts, 383 So. 2d 952 (Fla. 3d DCA 1980). . See Cerra v. Cerra, 820 So. 2d 398 (Fla. 5th DCA 2002); Vitalis v. Vitalis, 799 So. 2d 1127 (Fla. 5th DCA 2001); Young v. Young, 677 So. 2d 1301 (Fla. 5th DCA 1996). . For example, in denying an award of permanent periodic al…
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Henry v. Henry, 428 So. 2d 350 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Harts v. Harts, 383 So. 2d 952 (Fla. 3d DCA 1980).…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Ashleigh M. Moye v. Moye (Fla. 1st DCA 2021)
- Rosenberg v. Rosenberg, 371 So. 2d 672 (Fla. 1979)
- Rosenberg v. Rosenberg, 352 So. 2d 867 (Fla. 3d DCA 1977)