Paulk v. Paulk

District Court of Appeal of Florida

Paulk v. Paulk

680 So. 2d 1122, 1996 Fla. App. LEXIS 11489, 1996 WL 588687

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1996

DocketNo. 95-4331

StatusPublished

Cited by1 cases

This text of 680 So. 2d 1122 (Paulk v. Paulk) 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

Paulk v. Paulk, 680 So. 2d 1122, 1996 Fla. App. LEXIS 11489, 1996 WL 588687 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

We find no abuse of discretion in the trial court’s award of permanent periodic alimony. However, the final judgment improperly requires the payment of alimony “until further order of the court.” Permanent periodic alimony terminates on the death of either spouse or the remarriage of the receiving spouse. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Because the error can be corrected without a reversal, we modify the final judgment to require payment of alimony until the death of either party or the remarriage of the former wife. Hunt v. Hunt, 481 So.2d 995 (Fla. 5th DCA 1986); Gold v. Gold, 417 So.2d 1076 (Fla. 3d DCA 1982).

Affirmed as modified.

BOOTH, JOANOS and PADOVANO, JJ., concur.

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PER CURIAM.

We find no abuse of discretion in the trial court’s award of permanent periodic alimony. However, the final judgment improperly requires the payment of alimony “until further order of the court.” Permanent periodic alimony terminates on the death of either spouse or the remarriage of the receiving spouse. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Because the error can be corrected without a reversal, we modify the final judgment to require payment of alimony until the death of either party or the remarriage of the former wife. Hunt v. Hunt, 481 So.2d 995 (Fla. 5th DCA 1986); Gold v. Gold, 417 So.2d 1076 (Fla. 3d DCA 1982).

Affirmed as modified.

BOOTH, JOANOS and PADOVANO, JJ., concur.

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Bluebook (online)

680 So. 2d 1122, 1996 Fla. App. LEXIS 11489, 1996 WL 588687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paulk-v-paulk-fladistctapp-1996.

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