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Rogers v. Rogers

District Court of Appeal of Florida, Fourth District
Jul 26, 1974
297 So. 2d 853 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-1213.

July 26, 1974.

Appeal from the Circuit Court, Brevard County, David U. Strawn, J.

E.D. Cossaboom, Jr., Hedman Cossaboom, Melbourne, for appellant.

Storms, Pappas Krasny, P.A., Melbourne, for appellee.


Appellant complains that the award of permanent alimony is excessive and that the chancellor abused his discretion in requiring the parties to exchange copies of the first page of their federal income tax returns.

Our review of the record and briefs indicates to us that the amount of permanent alimony awarded was within the parameters of the trial court's discretion when considered in the light of the wife's need, the husband's ability to pay, and the standard of living to which the parties had become accustomed during their many years of marriage. In addition, since the appellant is required to pay appellee permanent alimony we conceive the court to have the discretion to require an exchange of income tax information to the extent directed. This could well obviate future petitions to modify where the primary purpose was to obtain discovery to determine whether or not such a petition was justified.

Since no error in the record has been found the judgment appealed from is affirmed.

OWEN, C.J., concurs.

CROSS, J., dissents, without opinion.


Summaries of

Rogers v. Rogers

District Court of Appeal of Florida, Fourth District
Jul 26, 1974
297 So. 2d 853 (Fla. Dist. Ct. App. 1974)
Case details for

Rogers v. Rogers

Case Details

Full title:ROBERT ROGERS, APPELLANT, v. MARCILLE ROGERS, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 26, 1974

Citations

297 So. 2d 853 (Fla. Dist. Ct. App. 1974)