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Edgington v. Edgington

District Court of Appeal of Florida, Third District
Nov 12, 1991
588 So. 2d 1055 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2064.

November 12, 1991.

Appeal from the Circuit Court, Dade County, Ronald M. Friedman, J.

Samuel S. Sorota, North Miami Beach, for appellant.

Edward C. Vining, Jr. and Thomas B. Scott, Miami, for appellee.

Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.


Appellant/Cross-Appellee, Daniel Thomas Edgington, appeals an award of rehabilitative alimony. Appellee/Cross-Appellant, Sandra Gail Madsen Edgington, appeals the amount of rehabilitative alimony. We affirm in part, and reverse in part.

This was a childless and short term marriage. Although, the wife owned the parties' major assets, the trial court awarded the wife rehabilitative alimony for four years.

An award of rehabilitative alimony must be supported by record evidence that the former spouse needed assistance to regain the ability for self-support. Edwards v. Edwards, 529 So.2d 777 (Fla. 3d DCA 1988). Here, there was no record evidence to support the need for assistance. Therefore, an award of rehabilitative alimony was error.

Since we conclude that any award of rehabilitative alimony was error, the wife's cross-appeal is moot. The final judgment of dissolution of marriage is affirmed in all other respects.

Affirmed in part, reversed in part.


Summaries of

Edgington v. Edgington

District Court of Appeal of Florida, Third District
Nov 12, 1991
588 So. 2d 1055 (Fla. Dist. Ct. App. 1991)
Case details for

Edgington v. Edgington

Case Details

Full title:DANIEL THOMAS EDGINGTON, APPELLANT, v. SANDRA GAIL MADSEN EDGINGTON…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1991

Citations

588 So. 2d 1055 (Fla. Dist. Ct. App. 1991)

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