ANNE B. ROBERTS, APPELLANT,
v.
LEE W. ROBERTS, APPELLEE
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Anne B. Roberts appeals a divorce judgment that awarded her $2,500 lump sum alimony plus $400/month rehabilitative alimony for one year. The appellate court affirmed the dissolution judgment and the alimony award while permitting future modification petitions.
The appellate court affirmed the final judgment of dissolution and the alimony award, finding no error in the trial court's decision.
[1] A trial court may order rehabilitative alimony payments to continue pending the disposition of an appeal.
[2] A trial court's final judgment of dissolution of marriage will be affirmed if no error is found, even if subsequent events raise concerns.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“while the later reports of the psychiatrists have given us some concern, we cannot say that the trial court was in error in its final judgment”
Establishes the appellate court's standard of review and deference to the trial court's judgment despite concerns about psychiatric evidence
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court entered a final judgment of dissolution of marriage on February 13, 1974. The judgment awarded the wife a $2,500 lump sum alimony paym…
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JOHNSON, Judge.
This is an appeal from a judgment of dissolution of marriage.
Final judgment of dissolution of marriage was entered February 13, 1974 and recorded on April 5, 1974.
In the final judgment the marriage was dissolved and, inter alia, the husband-ap-pellee, was directed to pay to appellant-wife $2500.00 lump sum alimony, and to pay her, as rehabilitative alimony the sum of $400.00 per month commencing on the 15th day of March, 1974, and ending February 15, 1975. Attorneys fees were provided for the wife’s attorney. Appeal to this Court was filed on May 2, 1974.
On January 8, 1975, acting under authority of Rule 3.8 Florida Appellate Rules, the trial court entertained a “petition” of the appellant-wife, for an Order setting alimony pending appeal in which he ordered an alimony payment to be paid to appellant at $400.00 per month and continued beyond February 15, 1975, each month thereafter pending disposition of this appeal.
In this latter Order of January 1975, the trial court took notice of certain “reports” from psychiatrists which the trial court considered as “relevant and material.” No further action was suggested by the court .based on the reports other than that the alimony payments would continue pending disposition of this appeal; therefore, we give the latter Order no further treatment than he did. . We have heard the oral arguments and studied the briefs and record on appeal, and while the later reports of the psychiatrists have given us some concern, we cannot say that the trial court was in error in its final judgment.
We, therefore, affirm, but without prejudice for the wife to file a petition for modification, and attorney’s fees are denied to each party.
MILLS, J., concurs.
RAWLS, C. J., specially concurs.
RAWLS, Chief Judge
(concurring specially).
I would affirm the trial court’s decision without prejudice for the wife to file a petition for modification.