Colvin v. Lathan

District Court of Appeal of Florida

Colvin v. Lathan

710 So. 2d 1391, 1998 Fla. App. LEXIS 7440, 23 Fla. L. Weekly Fed. D 1497

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1998

DocketNo. 97-2273

StatusPublished

This text of 710 So. 2d 1391 (Colvin v. Lathan) 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.

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Colvin v. Lathan, 710 So. 2d 1391, 1998 Fla. App. LEXIS 7440, 23 Fla. L. Weekly Fed. D 1497 (Fla. Ct. App. 1998).

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Opinion

GRIFFIN, Chief Judge.

We find no error in the child support award; however, this court has consistently held that an order requiring the payment of medical expenses must specify a dollar amount or the total financial exposure of the payor. McDaniel v. McDaniel, 653 So.2d 1076, 1078 (Fla. 5th DCA 1995). Additionally, this court has held that a payor need only be responsible for those expenses which are “reasonable and necessary.” Warner v. Warner, 692 So.2d 266, 269 (Fla. 5th DCA 1997). Accordingly, the order in the instant case should be amended to apply only to nonelective reasonable and necessary medical expenses. Hill v. Hill, 706 So.2d 406, 407 (Fla. 5th DCA 1998).

AFFIRMED in part; REVERSED in part.

HARRIS and THOMPSON, JJ., concur.

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GRIFFIN, Chief Judge.

We find no error in the child support award; however, this court has consistently held that an order requiring the payment of medical expenses must specify a dollar amount or the total financial exposure of the payor. McDaniel v. McDaniel, 653 So.2d 1076, 1078 (Fla. 5th DCA 1995). Additionally, this court has held that a payor need only be responsible for those expenses which are “reasonable and necessary.” Warner v. Warner, 692 So.2d 266, 269 (Fla. 5th DCA 1997). Accordingly, the order in the instant case should be amended to apply only to nonelective reasonable and necessary medical expenses. Hill v. Hill, 706 So.2d 406, 407 (Fla. 5th DCA 1998).

AFFIRMED in part; REVERSED in part.

HARRIS and THOMPSON, JJ., concur.

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710 So. 2d 1391, 1998 Fla. App. LEXIS 7440, 23 Fla. L. Weekly Fed. D 1497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colvin-v-lathan-fladistctapp-1998.

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