Buckley v. Buckley

District Court of Appeal of Florida

Buckley v. Buckley

336 So. 2d 708, 1976 Fla. App. LEXIS 15398

CourtDistrict Court of Appeal of Florida

DecidedAugust 6, 1976

DocketNos. 75-934, 75-1834

StatusPublished

Cited by2 cases

This text of 336 So. 2d 708 (Buckley v. Buckley) 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

Buckley v. Buckley, 336 So. 2d 708, 1976 Fla. App. LEXIS 15398 (Fla. Ct. App. 1976).

Pincite

Opinion

WEAVER, SIDNEY M., Associate Judge.

Appellant-husband timely appeals from a Final Judgment of Dissolution of Marriage and an Order Granting Sanctions entered after Final Judgment. The two cases have been consolidated. -

We have reviewed the various points on appeal and after consideration of the record, briefs, and oral argument of counsel we find there is competent substantial evidence to support the findings of the trial judge as to each point. Further,, we find that the trial judge did not abuse his broad discretion as he dissolved this marriage of over thirty years, taking into consideration the best interest of the minor children and the financial posture of the parties.

We affirm the trial judge in all respects but conclude that one troublesome area exists which requires future guidance. In addition to the payment of permanent, periodic alimony, the husband is required to make the full mortgage payments on the marital domicile of the parties which is occupied by the wife and the minor children. Based on the facts and circumstances of this case, we direct the trial court to give proper consideration to awarding the husband an equitable credit when, and if, the said property is partitioned as contemplated by paragraph 3(b) of the Final Judgment. See Guthrie v. Guthrie, 315 So.2d 498 (Fla. 4th DCA 1975).

Affirmed, with directions.

MAGER, C. J., and ALDERMAN, J., concur.

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

WEAVER, SIDNEY M., Associate Judge.

Appellant-husband timely appeals from a Final Judgment of Dissolution of Marriage and an Order Granting Sanctions entered after Final Judgment. The two cases have been consolidated. -

We have reviewed the various points on appeal and after consideration of the record, briefs, and oral argument of counsel we find there is competent substantial evidence to support the findings of the trial judge as to each point. Further,, we find that the trial judge did not abuse his broad discretion as he dissolved this marriage of over thirty years, taking into consideration the best interest of the minor children and the financial posture of the parties.

We affirm the trial judge in all respects but conclude that one troublesome area exists which requires future guidance. In addition to the payment of permanent, periodic alimony, the husband is required to make the full mortgage payments on the marital domicile of the parties which is occupied by the wife and the minor children. Based on the facts and circumstances of this case, we direct the trial court to give proper consideration to awarding the husband an equitable credit when, and if, the said property is partitioned as contemplated by paragraph 3(b) of the Final Judgment. See Guthrie v. Guthrie, 315 So.2d 498 (Fla. 4th DCA 1975).

Affirmed, with directions.

MAGER, C. J., and ALDERMAN, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

336 So. 2d 708, 1976 Fla. App. LEXIS 15398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckley-v-buckley-fladistctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack