DOROTHY C. HAYES, APPELLANT (RESPONDENT),
v.
JERRY L. HAYES, APPELLEE (PETITIONER)

Fla. 1st DCA | 1976-01-26
No. Y-33
BOYER, C. J., and CAWTHON, VICTOR M., Associate Judge, concur.
325 So. 2d 455 Florida District Court of Appeal, First District (1976) Positive Treatment
Cited by 3 cases
Topics
Reservation Of Jurisdiction For Alimony Rehabilitative Alimony Permanent Periodic Alimony Alimony

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Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Appellant appeals from a final judgment in a dissolution of marriage case which denied her claim for permanent or for reha-bilitiative alimony. Appellant contends the trial court erred in refusing to award her either permanent or rehabilitative alimony, and in failing to reserve jurisdiction to award appropriate alimony at a future date, if sought, and if allowable.

Because the judgment is clothed with a presumption of correctness, and because the trial court has broad discretion, we find no error in its denial of alimony. However, it is our opinion that the judgment should have specifically reserved jurisdiction to award alimony at a future date, if applied for, and if allowable. Nichols v. Nichols, 304 So. 2d 497 (Fla.App. 1st, 1974).

Affirmed in part and reversed in part with directions to modify the judgment to specifically reserve jurisdiction to award alimony at a future date, if applied for, and if allowable under Chapter 61, Florida Statutes.

BOYER, C. J., and CAWTHON, VICTOR M., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Quick v. Quick, 400 So. 2d 1297 (Fla. 1st DCA 1981)
    …er the question of permanent periodic alimony during or at the end of the [*1300] appellant’s period of economic rehabilitation. Compare Stickney v. Stickney, 377 So. 2d 187 (Fla. 1st DCA 1979), cert. den., 386 So. 2d 642 (Fla.1980), Hayes v. Hayes, 325 So. 2d 455 (Fla. 1st DCA 1976), and Hyatt v. Hyatt, 315 So. 2d 11 (Fla. 3d DCA 1975), with Kelly v. Kelly, 361 So. 2d 428 (Fla. 4th DCA 1978), and Cantor v. Cantor, 306 So. 2d 596 (Fla. 2d DCA 1975). The chancellor has retained that power and, if and when the…
  • Lockwood v. Lockwood, 354 So. 2d 1267 (Fla. 3d DCA 1978)
    …r the purpose of awarding permanent alimony. Further, this opinion is in keeping with the policy of Section 61.08 which is to do equity and justice between the parties. See generally Evans v. Evans, 337 So. 2d 998 (Fla.4th DCA 1976); Hayes v. Hayes, 325 So. 2d 455 (Fla.1st DCA 1976); Hyatt v. Hyatt, 315 So. 2d 11 (Fla.3d DCA 1975); Sisson v. Sisson, 311 So. 2d 799 (Fla.1st DCA 1975); Lee v. Lee, 309 So. 2d 26 (Fla.2d DCA 1975); and Reback v. Reback, 296 So. 2d 541 (Fla.3d DCA 1974). For the reasons set forth…
  • Miami Beach Police & Firemen for Full Pension Benefits, Inc. v. The Bd. of Trs. of the City Pension Fund for Firemen & Policemen of the City of Miami Beach, 581 So. 2d 229 (Fla. 3d DCA 1991)
    …the system.” Cleary, 75 So. 2d at 795. Although the supreme court did not directly address the issue before us, it approved the [*230] trial court’s reasoning. The first district court of appeal has reached a similar conclusion in Gilmore v. Burks, 325 So. 2d 455 (Fla. 1st DCA 1976). The approach urged by MBPF would lead to inequality among pension plan members, some of whom are unable to accumulate benefits. Pension acts are construed to avoid “an inequitable result or result in favoring one member over a…

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