CATALINA MARTINEZ, AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE OF THE ESTATE OF IRENO MARTINEZ, DECEASED, APPELLANT,
v.
CENTRAL NATIONAL LIFE INSURANCE COMPANY, A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1987-04-21
No. 86-1700
Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.
505 So. 2d 693 Florida District Court of Appeal, Third District (1987)

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Synopsis

The appellate court affirmed the trial court's award of lump sum alimony from the husband's non-marital assets, finding sufficient evidence of the wife's special need. The dissenting judge argued that such an award requires a greater showing of need and that the majority's reliance on precedent was misplaced.


Holding

The appellate court affirmed the trial court's award of lump sum alimony from the husband's non-marital assets, finding that the record supported a finding of special need or great need on the part of the wife.


Facts & Procedural History

The trial court awarded the wife lump sum alimony from the husband's non-marital assets. The husband appealed this award, arguing it was improper. The…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Homemakers, Inc. v. Gonzales, 400 So. 2d 965 (Fla.1981); Routh v. Richards, 103 Fla. 757, 138 So. 72 (1931); John Crescent, Inc. v. Schwartz, 382 So. 2d 383 (Fla. 4th DCA 1980); Bennett v. Halper, 248 So. 2d 522 (Fla. 3d DCA 1971); section 627.616, Florida Statutes (1983); section 59.041, Florida Statutes (1983).


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