Barr v. Barr

Full title: ROBERT H. BARR, APPELLANT, v. LINDSAY A. BARR, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 22, 1987

514 So. 2d 4 (Fla. Dist. Ct. App. 1987)

Opinion

No. BQ-292.

October 22, 1987.

An Appeal from the Circuit Court for Leon County; Victor M. Cawthon, Judge.

Michael F. Coppins of Douglass, Cooper Coppins, Tallahassee, for appellant.

Jerome M. Novey of Novey Mendelson, Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

SMITH, C.J., and JOANOS, J., concur.

WENTWORTH, J., concurs with written opinion.

WENTWORTH, J., concurring.

I agree with the conclusion of the majority to affirm the award of permanent alimony for a proportionate share of appellee's needs fixed by the trial court in the exercise of its discretion. I would also note as a basis for my affirmance that appellant inappropriately invokes the imputed income doctrine against an appellee who had no material employment history before or during the 14-year marriage and now functions as custodial parent of children aged 11 and 14. Cf., Desilets v. Desilets, 377 So.2d 761 (Fla. 2d DCA 1979).