Tanner v. Tanner

District Court of Appeal of Florida

Tanner v. Tanner

850 So. 2d 610, 2003 Fla. App. LEXIS 10898, 2003 WL 21683794

CourtDistrict Court of Appeal of Florida

DecidedJuly 21, 2003

DocketNo. 1D02-4035

StatusPublished

This text of 850 So. 2d 610 (Tanner v. Tanner) 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

Tanner v. Tanner, 850 So. 2d 610, 2003 Fla. App. LEXIS 10898, 2003 WL 21683794 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Appellee concedes the trial judge erred by including a provision in the Amended Final Judgment of Dissolution, not requested by the parties, that terminates the former wife’s entitlement to periodic alimony upon remarriage or cohabitation, whichever comes first. See Bridges v. Bridges, 842 So.2d 983, 984 (Fla. 1st DCA 2003)(agreeing that Florida law does not recognize cohabitation as a basis for automatic termination of court ordered alimony). The amended final judgment is reversed and remanded to the trial court with directions to strike that portion of the judgment automatically terminating the former wife’s periodic alimony upon cohabitation.

We find no merit in the any of the other issues raised by the former wife on appeal or by the former husband’s cross-appeal.

AFFIRMED in part, REVERSED in part and remanded with instructions.

WEBSTER, PADOVANO and POLSTON, JJ., concur.

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PER CURIAM.

Appellee concedes the trial judge erred by including a provision in the Amended Final Judgment of Dissolution, not requested by the parties, that terminates the former wife’s entitlement to periodic alimony upon remarriage or cohabitation, whichever comes first. See Bridges v. Bridges, 842 So.2d 983, 984 (Fla. 1st DCA 2003)(agreeing that Florida law does not recognize cohabitation as a basis for automatic termination of court ordered alimony). The amended final judgment is reversed and remanded to the trial court with directions to strike that portion of the judgment automatically terminating the former wife’s periodic alimony upon cohabitation.

We find no merit in the any of the other issues raised by the former wife on appeal or by the former husband’s cross-appeal.

AFFIRMED in part, REVERSED in part and remanded with instructions.

WEBSTER, PADOVANO and POLSTON, JJ., concur.

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850 So. 2d 610, 2003 Fla. App. LEXIS 10898, 2003 WL 21683794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tanner-v-tanner-fladistctapp-2003.

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