Agramonte v. Aviles

District Court of Appeal of Florida

Agramonte v. Aviles

454 So. 2d 57, 9 Fla. L. Weekly 1722, 1984 Fla. App. LEXIS 14626

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1984

DocketNo. 83-2246

StatusPublished

Cited by1 cases

This text of 454 So. 2d 57 (Agramonte v. Aviles) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Agramonte v. Aviles, 454 So. 2d 57, 9 Fla. L. Weekly 1722, 1984 Fla. App. LEXIS 14626 (Fla. Ct. App. 1984).

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Opinion

WALDEN, Judge.

On October 17, 1983, the appealed judgment was entered. It adjudged that the [58]*58decree and findings of a judgment issued by the Supreme Court of the State of New York on September 19, 1975, between the parties in a divorce action was entitled to be domesticated as a Florida judgment and fully enforceable by Florida law. The New York judgment provided, among other things, for payment by the husband of weekly installments of child support and alimony. The former husband appeals, saying that the domestication here was barred by the Statute of Limitations or by laches.

We hold, with the specific consent of the wife, that such domestication is warranted only as concerns payments of alimony and child support becoming due after October 17, 1983. It was error to adjudge domestication and enforceability as concerns ar-rearages accumulated prior to October 17, 1983. Winland v. Winland, 416 So.2d 520 (Fla. 2d DCA 1982). This holding is, of course, without prejudice to the rights of the former wife to apply to the New York Court as concerns such arrearages.

Affirmed in part; reversed in part; and remanded for further proceedings consistent herewith.

LETTS and HERSEY, JJ., concur.

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WALDEN, Judge.

On October 17, 1983, the appealed judgment was entered. It adjudged that the [58]*58decree and findings of a judgment issued by the Supreme Court of the State of New York on September 19, 1975, between the parties in a divorce action was entitled to be domesticated as a Florida judgment and fully enforceable by Florida law. The New York judgment provided, among other things, for payment by the husband of weekly installments of child support and alimony. The former husband appeals, saying that the domestication here was barred by the Statute of Limitations or by laches.

We hold, with the specific consent of the wife, that such domestication is warranted only as concerns payments of alimony and child support becoming due after October 17, 1983. It was error to adjudge domestication and enforceability as concerns ar-rearages accumulated prior to October 17, 1983. Winland v. Winland, 416 So.2d 520 (Fla. 2d DCA 1982). This holding is, of course, without prejudice to the rights of the former wife to apply to the New York Court as concerns such arrearages.

Affirmed in part; reversed in part; and remanded for further proceedings consistent herewith.

LETTS and HERSEY, JJ., concur.

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Bluebook (online)

454 So. 2d 57, 9 Fla. L. Weekly 1722, 1984 Fla. App. LEXIS 14626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agramonte-v-aviles-fladistctapp-1984.

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