ANNIE E. BLOOM, APPELLANT,
v.
MARTIN G. BLOOM, APPELLEE

Fla. 4th DCA | 1989-07-26
No. 89-0438
DOWNEY, ANSTEAD and WARNER, JJ., concur.
546 So. 2d 1146 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 3 cases
Topics
Temporary Support Separation Agreement Abuse Of Discretion (Standard Of Review) Abuse Of Discretion

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The wife brings a non-final appeal of an order granting temporary support, claiming that the trial court erred in considering a separation agreement entered into by the parties, and also that the amount of the award was so low as to be an abuse of discretion.

We find no error with respect to consideration of the separation agreement under the circumstances of this case. With respect to the amount of undifferentiated family support the husband testified that he agreed to pay his child’s private schooling, summer camp, and all medical and dental expenses, in addition to the monthly award which agreement is not reflected in the order granting the support. Without those amounts included, the husband’s support for his child, considering his resources, would be an abuse of discretion. We therefore remand for inclusion of these as part of the temporary support obligation.

DOWNEY, ANSTEAD and WARNER, JJ., concur.

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Citator

Cited By

  • Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)
    …2d 477 (Fla. 1st DCA 1990) (decided by appellate court September 7, 1990); Hoffman v. Hoffman, 552 So. 2d 958 (Fla. 1st DCA 1989) (decided by appellate court November 18, 1989; special equity not involved in case); Della-Giustina v. Della-Giustina, 546 So. 2d 1146 (Fla 4th DCA 1989) (decided by appellate court July 1989; special equity not an issue in case); Rouer v. Rouer, 548 So. 2d 848 (Fla. 3d DCA 1989) (decided by appellate court September 1989; a P.C.A. merely citing Ball and Canakaris). . Mann v. Mann…
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  • Lawton A. GAY v. GAY, 604 So. 2d 904 (Fla. 5th DCA 1992)
    …ital asset titled only in the name of the spouse seeking permission to sell may be ordered sold by the trial court over objection by the other spouse during pendency of the dissolution proceedings. The husband cites Della-Giustina v. Della-Giustina, 546 So. 2d 1146 (Fla. 4th DCA1989), for his assertion that “Florida law is well settled that jointly owned marital property cannot be partitioned” prior to dissolution and “the fact that bare legal title is in wife is irrelevant.” Della-Giust-ina merely held that p…

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