Williamitis v. Williamitis

District Court of Appeal of Florida

Williamitis v. Williamitis

741 So. 2d 1176, 1999 Fla. App. LEXIS 12119, 1999 WL 770707

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 1999

DocketNo. 98-03661

StatusPublished

Cited by3 cases

This text of 741 So. 2d 1176 (Williamitis v. Williamitis) 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

Williamitis v. Williamitis, 741 So. 2d 1176, 1999 Fla. App. LEXIS 12119, 1999 WL 770707 (Fla. Ct. App. 1999).

Pincite

Opinion

GREEN, Judge.

Anthony J. Williamitis timely appeals the trial court’s final judgment of dissolution of marriage which designated his wife, Darla L. Williamitis, as primary residential parent of the parties’ minor children and permitted her to relocate with them. He also complains about the distribution of assets, attorney’s fees, and required life insurance. We affirm in part, but reverse on the issue of life insurance.

The dispute over primary residency and relocation of the children vexed the trial judge, and extensive findings of fact were made to support his ruling in favor of the wife. We approve this disposition, noting that jurisdiction pertaining thereto was reserved.

The trial judge also acted correctly in effecting a fair distribution to the wife of marital assets, based on his interpretation of the parties’ prenuptial agreement. Furthermore, because of needless litigation by the parties, but notably the husband, the trial judge properly exceeded the attorney’s fee provision contained in the prenuptial agreement. On the other hand, we determine the trial judge was without authority to require the husband to obtain life insurance in order to secure his child support payments, when no such relief was sought by the wife or litigated in the proceedings. See Hedendal v. Hedendal, 695 So.2d 391 (Fla. 4th DCA 1997); Schere v. Schere, 645 So.2d 21 (Fla. 3d DCA 1994).

We, therefore, affirm the final judgment of dissolution of marriage, with exception of the provision requiring the husband to purchase life insurance as security for child support payments.

Affirmed in part; reversed in part.

PATTERSON, C.J., and BLUE, J., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

GREEN, Judge.

Anthony J. Williamitis timely appeals the trial court’s final judgment of dissolution of marriage which designated his wife, Darla L. Williamitis, as primary residential parent of the parties’ minor children and permitted her to relocate with them. He also complains about the distribution of assets, attorney’s fees, and required life insurance. We affirm in part, but reverse on the issue of life insurance.

The dispute over primary residency and relocation of the children vexed the trial judge, and extensive findings of fact were made to support his ruling in favor of the wife. We approve this disposition, noting that jurisdiction pertaining thereto was reserved.

The trial judge also acted correctly in effecting a fair distribution to the wife of marital assets, based on his interpretation of the parties’ prenuptial agreement. Furthermore, because of needless litigation by the parties, but notably the husband, the trial judge properly exceeded the attorney’s fee provision contained in the prenuptial agreement. On the other hand, we determine the trial judge was without authority to require the husband to obtain life insurance in order to secure his child support payments, when no such relief was sought by the wife or litigated in the proceedings. See Hedendal v. Hedendal, 695 So.2d 391 (Fla. 4th DCA 1997); Schere v. Schere, 645 So.2d 21 (Fla. 3d DCA 1994).

We, therefore, affirm the final judgment of dissolution of marriage, with exception of the provision requiring the husband to purchase life insurance as security for child support payments.

Affirmed in part; reversed in part.

PATTERSON, C.J., and BLUE, J., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

741 So. 2d 1176, 1999 Fla. App. LEXIS 12119, 1999 WL 770707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamitis-v-williamitis-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack