Hayes v. Hayes

District Court of Appeal of Florida

Hayes v. Hayes

325 So. 2d 455, 1976 Fla. App. LEXIS 15263

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 1976

DocketNo. Y-33

StatusPublished

Cited by2 cases

This text of 325 So. 2d 455 (Hayes v. Hayes) 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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Hayes v. Hayes, 325 So. 2d 455, 1976 Fla. App. LEXIS 15263 (Fla. Ct. App. 1976).

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Opinion

MILLS, Judge.

Appellant appeals from a final judgment in a dissolution of marriage case which denied her claim for permanent or for reha-bilitiative alimony. Appellant contends the trial court erred in refusing to award her either permanent or rehabilitative alimony, and in failing to reserve jurisdiction to award appropriate alimony at a future date, if sought, and if allowable.

Because the judgment is clothed with a presumption of correctness, and because the trial court has broad discretion, we find no error in its denial of alimony. However, it is our opinion that the judgment should have specifically reserved jurisdiction to award alimony at a future date, if applied for, and if allowable. Nichols v. Nichols, 304 So.2d 497 (Fla.App. 1st, 1974).

Affirmed in part and reversed in part with directions to modify the judgment to specifically reserve jurisdiction to award alimony at a future date, if applied for, and if allowable under Chapter 61, Florida Statutes.

BOYER, C. J., and CAWTHON, VICTOR M., Associate Judge, concur.

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