Hirth v. Hirth

District Court of Appeal of Florida

Hirth v. Hirth

737 So. 2d 564, 1999 Fla. App. LEXIS 7565, 1999 WL 371253

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1999

DocketNo. 98-1543

StatusPublished

This text of 737 So. 2d 564 (Hirth v. Hirth) 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

Hirth v. Hirth, 737 So. 2d 564, 1999 Fla. App. LEXIS 7565, 1999 WL 371253 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Christine Hirth [former wife] appeals the alimony, equitable distribution scheme, and attorney’s fees awards in this dissolution of marriage case. We have carefully reviewed the record and the final judgment in this case in light of the former wife’s points on appeal. We find error only in the amount of permanent periodic alimony awarded to the former wife in this long-term (24 year) marriage. Based on the circumstances of both parties at the time of the trial as shown in the record below, the trial court abused its discretion in awarding insufficient permanent periodic alimony to the former wife. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Atkins v. Atkins, 611 So.2d 570 (Fla. 1st DCA 1992); Sinclair v. Sinclair, 594 So.2d 807 (Fla. 3d DCA 1992). Accordingly, we reverse the final judgment to the extent that it awards permanent periodic alimony to the wife in the amount of [565]*565$1,000.00 per month, and remand the case with directions that the final judgment be amended to award permanent periodic alimony to the former wife in the more appropriate amount of $2,000.00 per month. In all other respects, the final judgment is affirmed.

Affirmed in part, reversed in part, remanded with directions.

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PER CURIAM.

Christine Hirth [former wife] appeals the alimony, equitable distribution scheme, and attorney’s fees awards in this dissolution of marriage case. We have carefully reviewed the record and the final judgment in this case in light of the former wife’s points on appeal. We find error only in the amount of permanent periodic alimony awarded to the former wife in this long-term (24 year) marriage. Based on the circumstances of both parties at the time of the trial as shown in the record below, the trial court abused its discretion in awarding insufficient permanent periodic alimony to the former wife. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Atkins v. Atkins, 611 So.2d 570 (Fla. 1st DCA 1992); Sinclair v. Sinclair, 594 So.2d 807 (Fla. 3d DCA 1992). Accordingly, we reverse the final judgment to the extent that it awards permanent periodic alimony to the wife in the amount of [565]*565$1,000.00 per month, and remand the case with directions that the final judgment be amended to award permanent periodic alimony to the former wife in the more appropriate amount of $2,000.00 per month. In all other respects, the final judgment is affirmed.

Affirmed in part, reversed in part, remanded with directions.

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737 So. 2d 564, 1999 Fla. App. LEXIS 7565, 1999 WL 371253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirth-v-hirth-fladistctapp-1999.

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