Simpson v. Simpson

District Court of Appeal of Florida

Simpson v. Simpson

579 So. 2d 374, 1991 Fla. App. LEXIS 4421, 1991 WL 76518

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1991

DocketNo. 90-1759

StatusPublished

Cited by1 cases

This text of 579 So. 2d 374 (Simpson v. Simpson) 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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Simpson v. Simpson, 579 So. 2d 374, 1991 Fla. App. LEXIS 4421, 1991 WL 76518 (Fla. Ct. App. 1991).

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Opinions

PER CURIAM.

In the final judgment of dissolution the trial court acknowledges that the provisions for payment of support and alimony were approximately equal to the husband’s income, exclusive of additional sums the court found were available from the husband’s small business. However, our review of the record fails to disclose the basis for a conclusion of fact that sufficient additional net income is available from the business to avoid shortchanging the husband, at least for so long as he is required to pay the mortgage payments on the wife’s house. We conclude that the totality of the payments ordered constitutes an abuse of discretion. Cf. Gentile v. Gentile, 565 So.2d 820 (Fla. 4th DCA 1990); Soll v. Soll, 560 So.2d 250 (Fla. 3d DCA 1990). In all other respects, we affirm.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

DELL and STONE, JJ., concur. LETTS, J., concurs specially with opinion.

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PER CURIAM.

In the final judgment of dissolution the trial court acknowledges that the provisions for payment of support and alimony were approximately equal to the husband’s income, exclusive of additional sums the court found were available from the husband’s small business. However, our review of the record fails to disclose the basis for a conclusion of fact that sufficient additional net income is available from the business to avoid shortchanging the husband, at least for so long as he is required to pay the mortgage payments on the wife’s house. We conclude that the totality of the payments ordered constitutes an abuse of discretion. Cf. Gentile v. Gentile, 565 So.2d 820 (Fla. 4th DCA 1990); Soll v. Soll, 560 So.2d 250 (Fla. 3d DCA 1990). In all other respects, we affirm.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

DELL and STONE, JJ., concur. LETTS, J., concurs specially with opinion.

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579 So. 2d 374, 1991 Fla. App. LEXIS 4421, 1991 WL 76518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-simpson-fladistctapp-1991.

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