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Birthisel v. Birthisel

District Court of Appeal of Florida, Second District
Feb 24, 1988
520 So. 2d 317 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1595.

February 24, 1988.

Appeal from the Circuit Court for Polk County; Oliver L. Green, Jr., Judge.

Robert E. Pyle, Lake Alfred, for appellant.

C. Ray McDaniel, Bartow, for appellee.


In expressing our decision to reverse the trial court's order terminating child support and finding that the ex-wife is indebted to the former husband in the amount of $2000.00, it is not necessary that we recount the underlying facts. The record before us will neither support the trial court's conclusion that the children were emancipated nor sustain the ex-husband's entitlement to the recoupment of child support payments made during periods when the children resided with him. See Fileger v. Fileger, 478 So.2d 105 (Fla. 2d DCA 1985); Raybuck v. Raybuck, 451 So.2d 540 (Fla. 2d DCA 1984).

Accordingly, we vacate the trial court's order and remand this matter for further proceedings consistent with this opinion.

RYDER, A.C.J., and FRANK and HALL, JJ., concur.


Summaries of

Birthisel v. Birthisel

District Court of Appeal of Florida, Second District
Feb 24, 1988
520 So. 2d 317 (Fla. Dist. Ct. App. 1988)
Case details for

Birthisel v. Birthisel

Case Details

Full title:SUSAN CATHRYN BIRTHISEL, APPELLANT, v. STEVEN MICHAEL BIRTHISEL, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 24, 1988

Citations

520 So. 2d 317 (Fla. Dist. Ct. App. 1988)