Pollack v. Pollack

District Court of Appeal of Florida

Pollack v. Pollack

181 So. 3d 1287, 2015 Fla. App. LEXIS 19509, 2015 WL 9491842

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 2015

DocketNo. 5D15-518

StatusPublished

This text of 181 So. 3d 1287 (Pollack v. Pollack) 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

Pollack v. Pollack, 181 So. 3d 1287, 2015 Fla. App. LEXIS 19509, 2015 WL 9491842 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Beth- Pollack, the former wife, timely appeals an order granting her former hus[1288]*1288band’s supplemental petition for modification of the final judgment of . dissolution of marriage, in which the court terminated the former husband’s permanent" alimony obligation based upon its finding that Appellant is now in a supportive relationship with another person. - See § 61.14(1)(b), Fla, Stat. (2015). The former husband properly concedes that the trial court erred by terminating alimony retroactively to the date when Appellant began-residing with her significant other, as opposed to the date when he filed the petition. Although Appellant raises other issues, they either lack merit or were not preserved below. Accordingly, we affirm in all respects except for the retroactivity portion of the order. On remand, the trial court is directed to enter a new order terminating alimony retroactively to the date of the supplemental petition for modification.

AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH DIRECTIONS.

LAWSON, CJ., COHEN and BERGER, JJ., concur.

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PER CURIAM.

Beth- Pollack, the former wife, timely appeals an order granting her former hus[1288]*1288band’s supplemental petition for modification of the final judgment of . dissolution of marriage, in which the court terminated the former husband’s permanent" alimony obligation based upon its finding that Appellant is now in a supportive relationship with another person. - See § 61.14(1)(b), Fla, Stat. (2015). The former husband properly concedes that the trial court erred by terminating alimony retroactively to the date when Appellant began-residing with her significant other, as opposed to the date when he filed the petition. Although Appellant raises other issues, they either lack merit or were not preserved below. Accordingly, we affirm in all respects except for the retroactivity portion of the order. On remand, the trial court is directed to enter a new order terminating alimony retroactively to the date of the supplemental petition for modification.

AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH DIRECTIONS.

LAWSON, CJ., COHEN and BERGER, JJ., concur.

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Bluebook (online)

181 So. 3d 1287, 2015 Fla. App. LEXIS 19509, 2015 WL 9491842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollack-v-pollack-fladistctapp-2015.