Donovan v. Donovan

200 So. 3d 275, 2016 Fla. App. LEXIS 14743, 2016 WL 5817790
CourtDistrict Court of Appeal of Florida
DecidedOctober 4, 2016
DocketNo. 1D15-3885
StatusPublished

This text of 200 So. 3d 275 (Donovan v. Donovan) 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
Donovan v. Donovan, 200 So. 3d 275, 2016 Fla. App. LEXIS 14743, 2016 WL 5817790 (Fla. Ct. App. 2016).

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

On consideration of the motion for rehearing, we grant the motion and withdraw the opinion filed August 9, 2016, substituting the following opinion in, its place.

We affirm all issues raised by former wife on appeal, but reverse the trial court’s order reducing the former husband’s alimony payment to zero based on changed circumstances. While the trial court retained jurisdiction to “enter whatever other orders which may be required in order to clarify, implement, or enforce the provisions” of the final order, a nominal award of permanent alimony better preserves the trial court’s jurisdiction to revisit the matter in the future upon changed circumstances of the parties. Winder v. Winder, 152 So.3d 836, 841 (Fla. 1st DCA 2014). Accordingly, the trial court’s order reducing the former husband’s alimony payment to zero is vacated, and the case is remanded for the trial court to enter a nominal award of permanent alimony.

REVERSED and REMANDED.

ROWE, MAKAR, and BILBREY, JJ., concur.

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Related

JAMES S. WINDER, Former Husband v. Dian A. Winder, Former Wife
152 So. 3d 836 (District Court of Appeal of Florida, 2014)

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Bluebook (online)
200 So. 3d 275, 2016 Fla. App. LEXIS 14743, 2016 WL 5817790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donovan-v-donovan-fladistctapp-2016.