BOB E. BENDER, APPELLANT,
v.
DOLPHFOLINE BENDER, APPELLEE

Fla. 3d DCA | 1978-08-15
No. 77-1805
Before HAVERFIELD, C. J., and PEARSON and HENDRY, JJ.
361 So. 2d 829 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is by the husband from that portion of a final judgment of dissolution of marriage relating to an award of lump sum and permanent alimony to the wife.

It is appellant’s contention that the trial court abused its discretion in awarding the wife the marital home as lump sum alimony and $140.00 per week permanent alimony because the award was not based on the appellant’s financial ability to pay such an award.

An appellate court will not interfere in the determination of the amount of alimony in the absence of a clear showing of an abuse of discretion.

The appellant has failed to demonstrate that the trial court abused its discretion. Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Herzog v. Herzog, 346 So. 2d 56 (Fla.1977).

Affirmed.


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Citator

Cited By

  • Espy E. Ward v. Ward, 364 So. 2d 815 (Fla. 3d DCA 1978)
    …arriage. We affirm all the actions of the trial judge as being awards within his discretion [see: Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Herzog v. Herzog, 346 So. 2d 56 (Fla.1977); Jassy v. Jassy, 347 So. 2d 478 (Fla.2d DCA 1977); Bender v. Bender, 361 So. 2d 829 (Fla.3d DCA 1978)], except the award of $125.00 per week as permanent periodic alimony which we modify to $100.00 per week, because the husband had a right to rely on the claim in the pleading which was for $100.00 a week, and there was no testimony…

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