Castleberry v. Castleberry

District Court of Appeal of Florida

Castleberry v. Castleberry

29 So. 3d 1207, 2010 Fla. App. LEXIS 3354, 2010 WL 935566

District Court of Appeal of Florida·Decided March 17, 2010·No. 1D09-3650·Published·Cited by 1 cases

Opinion

PER CURIAM.

James Castleberry, the former husband, appeals an order that reduced but did not terminate his alimony obligation. Because the undisputed evidence in the record is that Rebecca Castleberry, the former wife, now earns more income than the former husband and there is no justification in the record for a continued alimony award under these circumstances, we agree with the former husband that the trial court abused its discretion in awarding more than a nominal amount of alimony. Accordingly, we reverse and remand for vacation of the order appealed from and entry of an order consistent with this opinion.

LEWIS, THOMAS, and WETHERELL, JJ., concur.

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PER CURIAM.

James Castleberry, the former husband, appeals an order that reduced but did not terminate his alimony obligation. Because the undisputed evidence in the record is that Rebecca Castleberry, the former wife, now earns more income than the former husband and there is no justification in the record for a continued alimony award under these circumstances, we agree with the former husband that the trial court abused its discretion in awarding more than a nominal amount of alimony. Accordingly, we reverse and remand for vacation of the order appealed from and entry of an order consistent with this opinion.

LEWIS, THOMAS, and WETHERELL, JJ., concur.

Castleberry v. Castleberry, 29 So. 3d 1207, 2010 Fla. App. LEXIS 3354, 2010 WL 935566 (Fla. Ct. App. 2010).

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