RICHARD C. MOORE
v.
SALLY R. MOORE
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A QDRO that violates the terms of a final judgment of dissolution of marriage and incorporated marital settlement agreement must be reversed and remanded for entry of a compliant order.
[1] A Qualified Domestic Relations Order must comply with the terms of the final judgment of dissolution of marriage and any incorporated marital settlement agreement.
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Join FLexlaw to unlock all legal intelligenceRichard C. Moore and Sally R. Moore were divorced in 2003 with a final judgment and marital settlement agreement. The trial court subsequently entered…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RICHARD C. MOORE,
Appellant,
v. Case No. 5D20-2055
SALLY R. MOORE,
Appellee.
________________________________/
Opinion filed September 3, 2021
Appeal from the Circuit Court for Orange County, John D.W. Beamer, Judge.
Michael M. Brownlee, of The Brownlee Law Firm, P.A., Orlando, for Appellant.
James Ippoliti, and Scott Widerman, of Widerman Malek, PL, Melbourne, for Appellee.
HARRIS, J.
Richard C. Moore (“Former Husband”) appeals the trial court’s Qualified Domestic Relations Order (“QDRO”) and Amended Qualified Domestic Relations Order (“Amended QDRO”). Former Husband argues,
2 and Appellee, Sally R. Moore (“Former Wife”), concedes, that the QDROs violate the terms set forth in the final judgment of dissolution of marriage and the incorporated marital settlement agreement entered in 2003. We agree. Accordingly, we reverse the QDROs and remand to the trial court for entry of a QDRO in compliance with the original final judgment. See Blaine v. Blaine, 872 So. 2d 383 (Fla. 4th DCA 2004). REVERSED and REMANDED.
LAMBERT C.J. and TRAVER, J., concur.