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Gazaleh v. Reeves

District Court of Appeal of Florida, First District
Oct 25, 2006
940 So. 2d 1200 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D06-1409.

October 25, 2006.

Appeal from the In context of paternity proceedings, the Circuit Court, Duval County, David C. Wiggins, J.

Elaine L. Cooper of the Law Office of Thaxter A. Cooper, P.A., Tampa, for Appellant.

Michael R. Yokan, Jacksonville, for Appellee.


Appellant, Jamal J. Gazaleh, appeals the trial court's Final Judgment of Paternity ("Final Judgment"), raising three arguments on appeal, only one of which merits discussion. Appellant contends that the trial court abused its discretion in ordering him to obtain and maintain a life insurance policy to secure his child support obligation because it failed to make the requisite findings. We agree and, therefore, reverse the Final Judgment as to this issue and remand. We otherwise affirm the Final Judgment.

As we have explained, before a trial court orders a party to obtain and maintain a life insurance policy, it is required to make findings with regard to the necessity for the coverage. See Schoditsch v. Schoditsch, 888 So.2d 709, 709 (Fla. 1st DCA 2004). In determining necessity, a trial court should consider the financial impact on the obligor and the cost and availability of the coverage. Id.; see also Smith v. Smith, 912 So.2d 702, 704 (Fla. 2d DCA 2005) (noting that to require a life insurance policy, a trial court must make findings as to the availability and cost of insurance, the obligor's ability to pay, and the special circumstances that warrant the policy); Guerin v. DiRoma, 819 So.2d 968, 969 (Fla. 4th DCA 2002) (reversing the insurance protection requirement in the final judgment because the trial court did not make any finding with respect to the necessity for insurance protection or the obligor's ability to pay for the life insurance policy). Appellee, Christine Reeves, concedes that the trial court did not make the requisite findings in this case.

Accordingly, we REVERSE the Final Judgment as to this issue and REMAND for further proceedings.

WOLF, LEWIS, and THOMAS, JJ., concur.


Summaries of

Gazaleh v. Reeves

District Court of Appeal of Florida, First District
Oct 25, 2006
940 So. 2d 1200 (Fla. Dist. Ct. App. 2006)
Case details for

Gazaleh v. Reeves

Case Details

Full title:Jamal J. GAZALEH, Appellant, v. Christine REEVES, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 25, 2006

Citations

940 So. 2d 1200 (Fla. Dist. Ct. App. 2006)

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We, therefore, reverse and remand as to that issue without further discussion. See Gazaleh v. Reeves, 940…