JAMES T. MURZIKE, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 2015-04-23
No. 1D15-0568
ROBERTS, SWANSON, and BILBREY, JJ., concur.
162 So. 3d 1147 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DISMISSED. See Baldwin v. Crosby, 905 So.2d 250 (Fla. 1st DCA 2005) (concluding “proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below”). All pending motions are denied.

ROBERTS, SWANSON, and BILBREY, JJ., concur.


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  • Hanson v. Hanson, 217 So. 3d 1165 (Fla. 2d DCA 2017)
    …So. 3d 435, 436 (Fla. 2d DCA 2015); see also Badgley v. Sanchez, 165 So. 3d 742, 744 (Fla. 4th DCA 2015) (“The judgment is also deficient for failing to look to the parties’ net incomes in assessing need and ability to pay.”); Gilliard v. Gilliard, 162 So. 3d 1147, 1154 (Fla. 5th DCA 2015) (“A party’s ability to pay alimony should be based on the party’s net income; not gross income.”); Kingsbury v. Kingsbury, 116 So. 3d 473, 474 (Fla. 1st DCA 2013). An alimony award based on gross income must be reversed. Se…
  • Brady v. Brady, 229 So. 3d 892 (Fla. 5th DCA 2017)
    …from the filing of the petition for dissolution, of marriage to trial. Former Wife correctly argües that the trial court erred in basing the alimony award on the parties’ respective gross incomes and not théir net incomes. See Gilliard v. Gilliard, 162 So. 3d 1147, 1154 (Fla. 5th DCA 2015) (“A party’s ability to pay alimony should be based on the party’s net income; not gross income.” (citing Kingsbury v. Kingsbury, 116 So. 3d 473, 474 (Fla. 1st DCA 2013)). On remand, the trial court must first determine the…
  • Knecht v. Palmer, 252 So. 3d 842 (Fla. 5th DCA 2018)

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