Ziajka v. Knight

District Court of Appeal of Florida

Ziajka v. Knight

767 So. 2d 572, 2000 Fla. App. LEXIS 11459, 2000 WL 1268797

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 2000

DocketNo. 5D99-749

StatusPublished

Cited by2 cases

This text of 767 So. 2d 572 (Ziajka v. Knight) 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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Ziajka v. Knight, 767 So. 2d 572, 2000 Fla. App. LEXIS 11459, 2000 WL 1268797 (Fla. Ct. App. 2000).

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THOMPSON, C.J.

Paul Ziajka appeals the financial aspects of the final judgment of dissolution of marriage, and Diane Knight cross-appeals.

We find no abuse of discretion in principle with the distribution of martial assets or in the award of alimony. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). The financial obligations imposed on Ziajka, however, exceed his ability to pay. Accordingly, we reverse for reconsideration of all of the awards of support, the awards in the nature of support, the award of attorney’s fees, and the distribution of marital assets and liabilities. See Noah v. Noah, 491 So.2d 1124, 1128 (Fla.1986) (trial court should be given an opportunity on remand to reconsider the entire distribution scheme, as these are interrelated remedies and part of one overall scheme).

REVERSED and REMANDED.

KAHN, L., Associate Judge, concurs. GRIFFIN, J, dissents with opinion.

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THOMPSON, C.J.

Paul Ziajka appeals the financial aspects of the final judgment of dissolution of marriage, and Diane Knight cross-appeals.

We find no abuse of discretion in principle with the distribution of martial assets or in the award of alimony. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). The financial obligations imposed on Ziajka, however, exceed his ability to pay. Accordingly, we reverse for reconsideration of all of the awards of support, the awards in the nature of support, the award of attorney’s fees, and the distribution of marital assets and liabilities. See Noah v. Noah, 491 So.2d 1124, 1128 (Fla.1986) (trial court should be given an opportunity on remand to reconsider the entire distribution scheme, as these are interrelated remedies and part of one overall scheme).

REVERSED and REMANDED.

KAHN, L., Associate Judge, concurs. GRIFFIN, J, dissents with opinion.

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767 So. 2d 572, 2000 Fla. App. LEXIS 11459, 2000 WL 1268797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ziajka-v-knight-fladistctapp-2000.

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