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Hertrich v. Hertrich

District Court of Appeal of Florida, Fifth District
Oct 7, 1994
643 So. 2d 115 (Fla. Dist. Ct. App. 1994)

Summary

finding it was improper to find former husband was in contempt for failing to pay an equitable distribution obligation

Summary of this case from Lynch v. Lockyer

Opinion

No. 93-2424.

October 7, 1994.

Appeal from the Circuit Court, Brevard County, Frank R. Pound, J.

John C. Hertrich, pro se.

James P. Beadle of Spira, Beadle McGarrell, P.A., Palm Bay, for appellee.


We affirm the amended final judgment of dissolution entered by the trial court, except that we modify the judgment by striking from paragraph 14 the following language:

This provision shall be enforceable by the contempt powers of the Court.

Paragraph 14 affects the division of property between the parties by requiring appellant John C. Hertrich to repay a sum of money to appellee Roberta L. Hertrich. Such an order is not enforceable by contempt. See Veiga v. State, 561 So.2d 1335 (Fla. 5th DCA 1990). See also Owens v. Owens, 578 So.2d 444 (Fla. 1st DCA 1991).

Judgment AFFIRMED AS MODIFIED.

DAUKSCH, GOSHORN and DIAMANTIS, JJ., concur.


Summaries of

Hertrich v. Hertrich

District Court of Appeal of Florida, Fifth District
Oct 7, 1994
643 So. 2d 115 (Fla. Dist. Ct. App. 1994)

finding it was improper to find former husband was in contempt for failing to pay an equitable distribution obligation

Summary of this case from Lynch v. Lockyer

affirming a final judgment of dissolution of marriage but striking from the judgment an erroneous provision threatening to enforce an equitable distribution obligation through the trial court's contempt powers

Summary of this case from Stufft v. Stufft
Case details for

Hertrich v. Hertrich

Case Details

Full title:JOHN C. HERTRICH, APPELLANT, v. ROBERTA L. HERTRICH, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 7, 1994

Citations

643 So. 2d 115 (Fla. Dist. Ct. App. 1994)

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