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Allen v. Allen

District Court of Appeal of Florida, Fifth District
May 17, 1990
561 So. 2d 452 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2116.

May 17, 1990.

Appeal from the Circuit Court, Putnam County, E.L. Eastmoore, J.

Cynthia Grooms-Marvin of Grooms-Marvin Murphy, Palatka, for appellant.

Ronald E. Clark, Palatka, for appellee.


This is an appeal from a non-final order requiring appellant to pay temporary alimony to appellee. There is no evidentiary basis to support the award. Appellee's net income is $1,840.00; appellant's is $719.48. Appellant's expenses exceed his income; appellee's do not. Appellant's expenses are minimal, reasonable, necessary and not inflated; not so appellee's. For example, appellee claims a $100 monthly dog boarding expense, $100 per month beautician expense and a vague $375 per month home and car repairs.

The order for temporary alimony is reversed because the record clearly shows appellant is unable to pay alimony and appellee is not in need. Barclay v. Barclay, 554 So.2d 1191 (Fla. 2d DCA 1989); Fields v. Fields, 533 So.2d 922 (Fla. 2d DCA 1988); Schubot v. Schubot, 523 So.2d 661 (Fla. 4th DCA 1988); Wenzel v. Wenzel, 512 So.2d 275 (Fla. 4th DCA 1987).

ORDER REVERSED.

COWART and GRIFFIN, JJ., concur.


Summaries of

Allen v. Allen

District Court of Appeal of Florida, Fifth District
May 17, 1990
561 So. 2d 452 (Fla. Dist. Ct. App. 1990)
Case details for

Allen v. Allen

Case Details

Full title:DAVID E. ALLEN, APPELLANT, v. MARY M. ALLEN, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 17, 1990

Citations

561 So. 2d 452 (Fla. Dist. Ct. App. 1990)