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Jacobs v. Jacobs

District Court of Appeal of Florida, Third District
Mar 11, 1975
309 So. 2d 217 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-545.

March 11, 1975.

Appeal from the Circuit Court for Dade County, Thomas E. Lee, J.

Albert J. Zemlock, Miami, for appellant.

Noriega Bartel, Miami, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


The wife appeals from a final judgment of dissolution of marriage wherein she was awarded $7,500 lump sum alimony.

The two points presented on appeal are (1) although the husband transferred title to his property to his name and the name of the adult dependent daughter of the parties, and he placed $30,000 cash in the said daughter's name, these are still to be considered as his assets, and (2) the court abused its discretion in granting only $7,500 lump sum alimony to the wife when the husband's assets were at least $68,000 and he was earning a gross salary of $260 a week.

The question of alimony is a matter resting within the sound discretion of the trial court based upon the particular facts and circumstances, with due regard for the basic principle of need and ability. Kalmutz v. Kalmutz, Fla.App. 1974, 299 So.2d 30; Fesak v. Fesak, Fla.App. 1974, 303 So.2d 47. Having reviewed the record, transcript and briefs of counsel, we find no abuse of discretion on the part of the trial court in his award of lump sum alimony.

Accordingly, the judgment herein appealed is affirmed.

Affirmed.


Summaries of

Jacobs v. Jacobs

District Court of Appeal of Florida, Third District
Mar 11, 1975
309 So. 2d 217 (Fla. Dist. Ct. App. 1975)
Case details for

Jacobs v. Jacobs

Case Details

Full title:MARIE A. JACOBS, APPELLANT, v. ANTHONY E. JACOBS, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 11, 1975

Citations

309 So. 2d 217 (Fla. Dist. Ct. App. 1975)

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