CAROLYN R. DYKES, APPELLANT,
v.
PHILLIP R. DYKES, APPELLEE
CAROLYN R. DYKES, APPELLANT,
PHILLIP R. DYKES, APPELLEE
389 So. 2d 334
Florida District Court of Appeal, First District (1980)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order as to the award of custody. However, we reverse and remand for the trial judge to provide that the husband’s exclusive use and occupancy of the marital home terminates upon his remarriage. Jones v. Jones, 330 So. 2d 536, 538 (Fla.1st DCA 1976), and for consideration of the wife’s prayer for rehabilitative alimony.
ERVIN, LARRY G. SMITH, and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re the Marriage of Henry James Caldwell v. Caldwell, 400 So. 2d 1270 (Fla. 5th DCA 1981)…did not address the issue whether the award must terminate upon remarriage of the spouse. Cases decided after Duncan have continued to impose this requirement. See, e. g., Abella-Fernandez v. Abella, 393 So. 2d 40 (Fla. 3d DCA 1981); Dykes v. Dykes, 389 So. 2d 334 (Fla. 1st DCA 1980). The wife argues that the award was labeled “child support” and that child support is unaffected by remarriage of the custodial parent. The award of exclusive possession of the marital home also contributes to the support of the…
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Pearce v. Foster, 454 So. 2d 721 (Fla. 4th DCA 1984)…oin in this appeal constitutes cause for her removal pursuant to section 733.504, Florida Statutes (1983).1 [*723] Should the trial court find cause for removal, appellant would be authorized to proceed with this appeal. Cf. In re Estate of Goldner, 389 So. 2d 334 (Fla. 4th DCA 1980). In any event, we respectfully request that the trial court furnish us with a copy of the order entered on remand. REMANDED WITH INSTRUCTIONS. HURLEY, DELL and WALDEN, JJ., concur. . Section 733.504, Florida Statutes (1983), p…
Authorities Cited
- Jones v. Jones, 330 So. 2d 536 (Fla. 1st DCA 1976)