Hodder v. Hodder

District Court of Appeal of Florida

Hodder v. Hodder

414 So. 2d 9, 1982 Fla. App. LEXIS 29342

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1982

DocketNo. 81-1765

StatusPublished

Cited by1 cases

This text of 414 So. 2d 9 (Hodder v. Hodder) 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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Hodder v. Hodder, 414 So. 2d 9, 1982 Fla. App. LEXIS 29342 (Fla. Ct. App. 1982).

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Opinion

SCHWARTZ, Judge.

As part of a property settlement agreement, the ex-husband was obliged to pay the wife $35,000 “due and payable over a period of five (5) years from date of October 24, 1979, i.e. October 24, 1984.” The lower court rejected Mr. Hodder’s contention — reasserted on appeal — that, under this provision, he was not required to pay any part of the $35,000 before the five-year period ended on October 24, 1984. Accordingly, on July 17, 1981, judgment was entered in Ms. Hodder’s favor for $10,000. We find no basis to disagree with the trial judge’s construction of the terms of the agreement to this effect. Aetna Casualty & Surety Co. v. Warren Bros. Co., Div. of Ashland Oil, Inc., 355 So.2d 785 (Fla.1978); Clark v. Clark, 79 So.2d 426 (Fla.1955); Font v. Lazarus Homes Corp., 339 So.2d 258 (Fla. 3d DCA 1976).

Affirmed.

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SCHWARTZ, Judge.

As part of a property settlement agreement, the ex-husband was obliged to pay the wife $35,000 “due and payable over a period of five (5) years from date of October 24, 1979, i.e. October 24, 1984.” The lower court rejected Mr. Hodder’s contention — reasserted on appeal — that, under this provision, he was not required to pay any part of the $35,000 before the five-year period ended on October 24, 1984. Accordingly, on July 17, 1981, judgment was entered in Ms. Hodder’s favor for $10,000. We find no basis to disagree with the trial judge’s construction of the terms of the agreement to this effect. Aetna Casualty & Surety Co. v. Warren Bros. Co., Div. of Ashland Oil, Inc., 355 So.2d 785 (Fla.1978); Clark v. Clark, 79 So.2d 426 (Fla.1955); Font v. Lazarus Homes Corp., 339 So.2d 258 (Fla. 3d DCA 1976).

Affirmed.

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414 So. 2d 9, 1982 Fla. App. LEXIS 29342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodder-v-hodder-fladistctapp-1982.

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