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Holmes v. Holmes

District Court of Appeal of Florida, Second District.
Nov 7, 2012
100 So. 3d 745 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–5325.

2012-11-7

Daniel Mark HOLMES, Jr., Appellant, v. Tonna Kay HOLMES, Appellee.

Mark A. Sessums, Lacy Littlejohn, and Brian M. Monk of Sessums Law Group, P.A., Lakeland, for Appellant. Cynthia L. Greene of Law Offices of Greene Smith & Associates, P.A., Miami, and Alison B. Copley of Law Offices of Alison B. Copley, P.A., Sebring, for Appellee.



Mark A. Sessums, Lacy Littlejohn, and Brian M. Monk of Sessums Law Group, P.A., Lakeland, for Appellant. Cynthia L. Greene of Law Offices of Greene Smith & Associates, P.A., Miami, and Alison B. Copley of Law Offices of Alison B. Copley, P.A., Sebring, for Appellee.
PER CURIAM.

In this appeal from an amended final judgment of dissolution of marriage, Daniel Mark Holmes, Jr. (the Former Husband), raises several claims of trial court error. After careful consideration of the evidentiary record and the trial court's credibility determinations, we affirm on all issues save one.

The Former Husband contends, and the Former Wife, Tonna Kay Holmes, agrees, that the trial court erred in computing the Former Husband's monthly income. The parties agree that the income attributed to the Former Husband was excessive by $267 per month. Accordingly, we reverse this cause and remand it for the trial court to reduce the income attributed to the Former Husband by $267 per month. Thereafter, the trial court is directed to recompute the amount due as child support and to make the appropriate retroactive computations.

We note that the Former Husband also challenges the determination by the trial court that the Former Wife is entitled to attorneys' fees. We decline to reach that issue as the trial court has not yet made a monetary award. Accordingly, the issue is not ripe for appeal. See Zuberer v. Zuberer, 28 So.3d 993, 993–94 (Fla. 2d DCA 2010).

Affirmed in part, reversed in part, and remanded with instructions.

CASANUEVA, KHOUZAM, and BLACK, JJ., Concur.


Summaries of

Holmes v. Holmes

District Court of Appeal of Florida, Second District.
Nov 7, 2012
100 So. 3d 745 (Fla. Dist. Ct. App. 2012)
Case details for

Holmes v. Holmes

Case Details

Full title:Daniel Mark HOLMES, Jr., Appellant, v. Tonna Kay HOLMES, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Nov 7, 2012

Citations

100 So. 3d 745 (Fla. Dist. Ct. App. 2012)

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