From Casetext: Smarter Legal Research

Cogen v. Cogen

District Court of Appeal of Florida, Fifth District
Oct 3, 2008
992 So. 2d 865 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D07-3526.

October 3, 2008.

Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge.

Michael S. Burnett and Sherri K. DeWitt, of DeWitt Law Firm, P.A., Orlando, for Appellant.

Andrea L. Davis, of Law Offices of Andrea L. Davis, P.A., Longwood, for Appellee.


The former husband appeals a final judgment of dissolution of marriage. We find that it was error to award rehabilitative alimony where the former wife failed to present evidence of a rehabilitative plan. See Hill v. Hooten, 776 So.2d 1004 (Fla. 5th DCA 2001); Fulkrton v. Fullerton, 709 So.2d 162 (Fla. 5th DCA 1998).

On remand, the trial court is to recalculate child support based on the parties' respective incomes as previously determined by the general magistrate. The final judgment is otherwise affirmed.

The case was tried before a general magistrate. Her report and recommendations were approved and adopted by the trial court.

AFFIRMED, in part; REVERSED, in part; REMANDED.

MONACO, EVANDER and COHEN, JJ., concur.


Summaries of

Cogen v. Cogen

District Court of Appeal of Florida, Fifth District
Oct 3, 2008
992 So. 2d 865 (Fla. Dist. Ct. App. 2008)
Case details for

Cogen v. Cogen

Case Details

Full title:Michael A. COGEN, Appellant, v. Kirsten W. COGEN, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 3, 2008

Citations

992 So. 2d 865 (Fla. Dist. Ct. App. 2008)