Birthisel v. Birthisel

District Court of Appeal of Florida

Birthisel v. Birthisel

520 So. 2d 317, 13 Fla. L. Weekly 536, 1988 Fla. App. LEXIS 673, 1988 WL 13732

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1988

DocketNo. 87-1595

StatusPublished

This text of 520 So. 2d 317 (Birthisel v. Birthisel) 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

Birthisel v. Birthisel, 520 So. 2d 317, 13 Fla. L. Weekly 536, 1988 Fla. App. LEXIS 673, 1988 WL 13732 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

In expressing our decision to reverse the trial court’s order terminating child support and finding that the ex-wife is indebted to the former husband in the amount of $2000.00, it is not necessary that we recount the underlying facts. The record before us will neither support the trial court's conclusion that the children were emancipated nor sustain the ex-husband’s entitlement to the recoupment of child support payments made during periods when the children resided with him. See Fileger v. Fileger, 478 So.2d 105 (Fla. 2d DCA 1985); Raybuck v. Raybuck, 451 So.2d 540 (Fla. 2d DCA 1984).

Accordingly, we vacate the trial court’s order and remand this matter for further proceedings consistent with this opinion.

RYDER, A.C.J., and FRANK and HALL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In expressing our decision to reverse the trial court’s order terminating child support and finding that the ex-wife is indebted to the former husband in the amount of $2000.00, it is not necessary that we recount the underlying facts. The record before us will neither support the trial court's conclusion that the children were emancipated nor sustain the ex-husband’s entitlement to the recoupment of child support payments made during periods when the children resided with him. See Fileger v. Fileger, 478 So.2d 105 (Fla. 2d DCA 1985); Raybuck v. Raybuck, 451 So.2d 540 (Fla. 2d DCA 1984).

Accordingly, we vacate the trial court’s order and remand this matter for further proceedings consistent with this opinion.

RYDER, A.C.J., and FRANK and HALL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

520 So. 2d 317, 13 Fla. L. Weekly 536, 1988 Fla. App. LEXIS 673, 1988 WL 13732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birthisel-v-birthisel-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack