Andrews v. Andrews

District Court of Appeal of Florida

Andrews v. Andrews

356 So. 2d 1333, 1978 Fla. App. LEXIS 15616

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1978

DocketNo. 77-261

StatusPublished

Cited by1 cases

This text of 356 So. 2d 1333 (Andrews v. Andrews) 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

Andrews v. Andrews, 356 So. 2d 1333, 1978 Fla. App. LEXIS 15616 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

The trial court erred in awarding lump sum alimony to the wife where such alimony was not asked for in the wife’s complaint and the record is devoid of evidence establishing her need. Calligarich v. Calligarich, 256 So.2d 60 (Fla. 4th DCA 1971); Cann v. Cann, 334 So.2d 325 (Fla. 1st DCA 1976). Therefore, upon motion of either party, the trial court shall conduct an evi-dentiary hearing regarding the property rights of the parties as well as any award of alimony. See Florida Rule of Civil Procedure 1.190(b).

Reversed.

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PER CURIAM.

The trial court erred in awarding lump sum alimony to the wife where such alimony was not asked for in the wife’s complaint and the record is devoid of evidence establishing her need. Calligarich v. Calligarich, 256 So.2d 60 (Fla. 4th DCA 1971); Cann v. Cann, 334 So.2d 325 (Fla. 1st DCA 1976). Therefore, upon motion of either party, the trial court shall conduct an evi-dentiary hearing regarding the property rights of the parties as well as any award of alimony. See Florida Rule of Civil Procedure 1.190(b).

Reversed.

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Bluebook (online)

356 So. 2d 1333, 1978 Fla. App. LEXIS 15616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-andrews-fladistctapp-1978.

Opinion

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