Acosta v. Acosta

District Court of Appeal of Florida

Acosta v. Acosta

425 So. 2d 667, 1983 Fla. App. LEXIS 27724

District Court of Appeal of Florida·Decided February 1, 1983·No. Nos. 82-696, 82-923 and 82-982·Published·Cited by 1 cases

Opinion

SCHWARTZ, Chief Judge.

By virtue both of the controlling- and unanimous cases, e.g., Erspan v. Badgett, 659 F.2d 26 (5th Cir.1981), cert. denied, 455 U.S. 945, 102 S.Ct. 1443, 71 L.Ed.2d 658 (1982) and a subsequently enacted statute, the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. 1408(c)(1) (1982), the Supreme Court decision in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981) may not be retroactively applied. We therefore reject the appellant’s primary contention. His other points merit neither reversal nor discussion.

Affirmed.

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SCHWARTZ, Chief Judge.

By virtue both of the controlling- and unanimous cases, e.g., Erspan v. Badgett, 659 F.2d 26 (5th Cir.1981), cert. denied, 455 U.S. 945, 102 S.Ct. 1443, 71 L.Ed.2d 658 (1982) and a subsequently enacted statute, the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. 1408(c)(1) (1982), the Supreme Court decision in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981) may not be retroactively applied. We therefore reject the appellant’s primary contention. His other points merit neither reversal nor discussion.

Affirmed.

Acosta v. Acosta, 425 So. 2d 667, 1983 Fla. App. LEXIS 27724 (Fla. Ct. App. 1983).

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Opinion

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