Herbert Benedict v. Leta Benedict

District Court of Appeal of Florida

Herbert Benedict v. Leta Benedict

181 So. 3d 583, 2016 Fla. App. LEXIS 269, 2016 WL 67401

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket4D15-90

StatusPublished

This text of 181 So. 3d 583 (Herbert Benedict v. Leta Benedict) 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

Herbert Benedict v. Leta Benedict, 181 So. 3d 583, 2016 Fla. App. LEXIS 269, 2016 WL 67401 (Fla. Ct. App. 2016).

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Opinion

*584 PER CURIAM.

In this post-dissolution ease, the former wife sought a judgment on alimony-arrear-ages while the former husband’s petition to modify alimony was pending. The trial court entered a money judgment, and the former husband, proceeding pro se, appeals from that judgment. On appeal, the former husband argues that the judgment constituted error because the former husband is disabled and unemployed and the former wife’s improved financial circumstances obviate her need for support. He does not otherwise challenge the judgment, 1

The former husband’s arguments cannot -be entertained in the context of an appeal from the arrearages judgment. The former husband must raise, his claims in the trial court during the modification proceedings and he must present evidence in support of his modification petition. Accordingly, we affirm, but without prejudice to the former husband proceeding on his modification petition and then seeking relief from the alimony arrearages judgment if the result of the modification proceeding warrants such relief. 2

Affirmed without prejudice.

CIKLIN, C.J.,' GROSS and GERBER, JJ., concur.

1

. Even if he did, we would be hard pressed to entertain any challenge to the judgment without a transcript of the hearing.

2

. The alimony arrearages judgment encompasses payments that became due after the modification petition was filed. ' Thus, if the trial court ultimately grants the modification petition retroactive to the date of the filing of the petition, the former husband may have grounds for relief from the arrearages judg.ment pursuant to Florida Rule of Civil Procedure 1.540(b)(5) (providing for relief from a judgment, decree, or order if "the judgment or decree has been satisfied, released, or discharged,. or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application”).

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*584 PER CURIAM.

In this post-dissolution ease, the former wife sought a judgment on alimony-arrear-ages while the former husband’s petition to modify alimony was pending. The trial court entered a money judgment, and the former husband, proceeding pro se, appeals from that judgment. On appeal, the former husband argues that the judgment constituted error because the former husband is disabled and unemployed and the former wife’s improved financial circumstances obviate her need for support. He does not otherwise challenge the judgment, 1

The former husband’s arguments cannot -be entertained in the context of an appeal from the arrearages judgment. The former husband must raise, his claims in the trial court during the modification proceedings and he must present evidence in support of his modification petition. Accordingly, we affirm, but without prejudice to the former husband proceeding on his modification petition and then seeking relief from the alimony arrearages judgment if the result of the modification proceeding warrants such relief. 2

Affirmed without prejudice.

CIKLIN, C.J.,' GROSS and GERBER, JJ., concur.

1

. Even if he did, we would be hard pressed to entertain any challenge to the judgment without a transcript of the hearing.

2

. The alimony arrearages judgment encompasses payments that became due after the modification petition was filed. ' Thus, if the trial court ultimately grants the modification petition retroactive to the date of the filing of the petition, the former husband may have grounds for relief from the arrearages judg.ment pursuant to Florida Rule of Civil Procedure 1.540(b)(5) (providing for relief from a judgment, decree, or order if "the judgment or decree has been satisfied, released, or discharged,. or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application”).

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Bluebook (online)

181 So. 3d 583, 2016 Fla. App. LEXIS 269, 2016 WL 67401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-benedict-v-leta-benedict-fladistctapp-2016.