Poyner v. Smith

Full title: Jerald J. POYNER, Appellant v. Paulette P. SMITH, f/k/a Paulette P…

Court: District Court of Appeal of Florida, Fifth District

Date published: May 19, 1997

693 So. 2d 636 (Fla. Dist. Ct. App. 1997)

Opinion

No. 96-2779.

April 18, 1997. Rehearing Denied May 19, 1997.

Appeal from the Circuit Court for Seminole County; Newman D. Brock, Judge.

Barbara Nolte of Giles Robinson, P.A., Orlando, for Appellant.

Tanya Plaut, Law Offices of Tanya Plaut, P.A., Orlando, for Appellee.

PER CURIAM.

We agree with appellant that the lower court erred in not making the ordered child support reduction retroactive to the date of filing the petition. See McGee-Manis v. Manis, 657 So.2d 78 (Fla. 5th DCA 1995), Witcher v. Petty, 534 So.2d 1240 (Fla. 5th DCA 1988). However, we have no sufficient basis to reverse the amount of reduction determined by the lower court and otherwise affirm.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB, W. SHARP and GRIFFIN, JJ., concur.