From Casetext: Smarter Legal Research

Womble v. Womble

District Court of Appeal of Florida, Fifth District
Jul 13, 1989
546 So. 2d 24 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2301.

June 15, 1989. Rehearing Denied July 13, 1989.

Appeal from the Circuit Court for Volusia County; C. McFerrin Smith, III, Judge.

Richard E. Brown, Daytona Beach, for appellant.

Delia A. Doyle, Ormond Beach, for appellee.


The trial court in the original final judgment made an equitable distribution and awarded the wife temporary rehabilitative alimony. This court reversed and remanded on the grounds that the wife should have been awarded permanent periodic alimony. Womble v. Womble, 521 So.2d 149 (Fla. 5th DCA 1988), rev. denied, 528 So.2d 1184 (Fla. 1988). On remand, the trial court followed this court's directive but opined that he had considered the temporary alimony in making an equitable distribution but was not authorized by this court's mandate to revisit the entire award.

In the original opinion we should have recognized that equitable distribution and support can be and normally are interrelated and therefore are normally integral parts of an overall scheme and we should have authorized the trial court, if he saw fit, to revisit the distribution of marital assets and set the permanent periodic alimony in an amount consistent with that scheme.

See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980) and Eagan v. Eagan, 392 So.2d 988 (Fla. 5th DCA 1981).

In order to correct this oversight, we reverse and remand with express permission for the trial court to revisit the entire award and determine if the equitable distribution should be changed in any particular in view of this court's prior direction of an award of permanent periodic alimony.

REVERSE and REMAND.

ORFINGER and GOSHORN, JJ., concur.


Summaries of

Womble v. Womble

District Court of Appeal of Florida, Fifth District
Jul 13, 1989
546 So. 2d 24 (Fla. Dist. Ct. App. 1989)
Case details for

Womble v. Womble

Case Details

Full title:GEORGE A. WOMBLE, APPELLANT, v. BRENDA J. WOMBLE, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 13, 1989

Citations

546 So. 2d 24 (Fla. Dist. Ct. App. 1989)

Citing Cases

Sinclair v. Sinclair

For these reasons, we reverse the equitable distribution scheme and the alimony award and remand for the…

O'Dell v. O'Dell

Given our reversal of the special equity award and the consequent "offset" of the one-half interest in the…