Bedoya v. Bedoya

District Court of Appeal of Florida

Bedoya v. Bedoya

73 So. 3d 314, 2011 Fla. App. LEXIS 16500, 2011 WL 4949907

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 2011

Docket3D10-2161

StatusPublished

This text of 73 So. 3d 314 (Bedoya v. Bedoya) 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

Bedoya v. Bedoya, 73 So. 3d 314, 2011 Fla. App. LEXIS 16500, 2011 WL 4949907 (Fla. Ct. App. 2011).

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Opinion

SCHWARTZ, Senior Judge.

The final judgment of dissolution is reversed in part insofar as it (a) grants the wife the $150 per month alimony agreed to in the parties’ separation agreement only from the date of the filing of the action, September 16, 2009, rather than, as required, when the agreement was entered into, January 7, 2004, see Benson v. Benson, 369 So.2d 99 (Fla. 4th DCA 1979); Brenske v. Brenske, 151 So.2d 58 (Fla. 3d DCA 1963); Sedell v. Sedell, 100 So.2d 639 (Fla. 1st DCA 1958), and (b) denies prejudgment interest, see Thurman v. Thurman, 637 So.2d 64 (Fla. 1st DCA 1994); Romans v. Romans, 611 So.2d 92 (Fla. 1st DCA 1992). The wife’s other appellate issues present no harmful error.

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

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SCHWARTZ, Senior Judge.

The final judgment of dissolution is reversed in part insofar as it (a) grants the wife the $150 per month alimony agreed to in the parties’ separation agreement only from the date of the filing of the action, September 16, 2009, rather than, as required, when the agreement was entered into, January 7, 2004, see Benson v. Benson, 369 So.2d 99 (Fla. 4th DCA 1979); Brenske v. Brenske, 151 So.2d 58 (Fla. 3d DCA 1963); Sedell v. Sedell, 100 So.2d 639 (Fla. 1st DCA 1958), and (b) denies prejudgment interest, see Thurman v. Thurman, 637 So.2d 64 (Fla. 1st DCA 1994); Romans v. Romans, 611 So.2d 92 (Fla. 1st DCA 1992). The wife’s other appellate issues present no harmful error.

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

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Bluebook (online)

73 So. 3d 314, 2011 Fla. App. LEXIS 16500, 2011 WL 4949907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedoya-v-bedoya-fladistctapp-2011.

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