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Duncan v. Franklin

Florida Court of Appeals, Third District
Oct 12, 2022
No. 3D21-1068 (Fla. Dist. Ct. App. Oct. 12, 2022)

Opinion

3D21-1068

10-12-2022

Adrian Duncan, Appellant, v. Mia Franklin, Appellee.

Bickman Law PLLC, and Joshua Bickman, for appellant. Law Office of Pamela M. Gordon, P.A., and Pamela M. Gordon (Hollywood), for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 09-32975, Christina Marie DiRaimondo, Judge.

Bickman Law PLLC, and Joshua Bickman, for appellant.

Law Office of Pamela M. Gordon, P.A., and Pamela M. Gordon (Hollywood), for appellee.

Before EMAS, LINDSEY, and LOBREE, JJ.

PER CURIAM

Appellant Adrian Maurice Duncan appeals an order denying his exceptions to the General Magistrate's Report and Recommendations wherein the trial court ratified, approved, and adopted the Report and Recommendation of the General Magistrate dated November 17, 2020, awarding retroactive child support.

"The standard of review for a child support award is abuse of discretion." McKenna v. McKenna, 31 So.3d 890, 891 (Fla. 4th DCA 2010). A trial court's determination of a party's income for purposes of establishing support obligations must be supported by competent, substantial evidence. See Sallaberry v. Sallaberry, 27 So.3d 234, 236 (Fla. 4th DCA 2010). The trial court's decision to impute income is reviewed for abuse of discretion. See Cura v. Cura, 299 So.3d 1127, 1129 (Fla. 3d DCA 2020). "Awards of retroactive child support are reviewed for an abuse of discretion." Williams v. Gonzalez, 294 So.3d 941, 945 (Fla. 4th DCA 2020) (quoting Henry v. Henry, 191 So.3d 995, 998 (Fla. 4th DCA 2016)).

Finding there is competent, substantial evidence to support the Magistrate's findings, we find no abuse of discretion and affirm.

Affirmed.


Summaries of

Duncan v. Franklin

Florida Court of Appeals, Third District
Oct 12, 2022
No. 3D21-1068 (Fla. Dist. Ct. App. Oct. 12, 2022)
Case details for

Duncan v. Franklin

Case Details

Full title:Adrian Duncan, Appellant, v. Mia Franklin, Appellee.

Court:Florida Court of Appeals, Third District

Date published: Oct 12, 2022

Citations

No. 3D21-1068 (Fla. Dist. Ct. App. Oct. 12, 2022)