Opinion
No. 81-1765.
April 27, 1982. Rehearing Denied June 7, 1982.
Appeal from the Circuit Court, Dade County, Lewis B. Whitworth, J.
Monte K. Rassner and Alan C. Gold, Miami, for appellant.
Leonardo A. Canton, Coral Gables, for appellee.
Before SCHWARTZ, NESBITT and JORGENSON, JJ.
As part of a property settlement agreement, the ex-husband was obliged to pay the wife $35,000 "due and payable over a period of five (5) years from date of October 24, 1979, i.e. October 24, 1984." The lower court rejected Mr. Hodder's contention — reasserted on appeal — that, under this provision, he was not required to pay any part of the $35,000 before the five-year period ended on October 24, 1984. Accordingly, on July 17, 1981, judgment was entered in Ms. Hodder's favor for $10,000. We find no basis to disagree with the trial judge's construction of the terms of the agreement to this effect. Aetna Casualty Surety Co. v. Warren Bros. Co., Div. of Ashland Oil, Inc., 355 So.2d 785 (Fla. 1978); Clark v. Clark, 79 So.2d 426 (Fla. 1955); Font v. Lazarus Homes Corp., 339 So.2d 258 (Fla. 3d DCA 1976).
Affirmed.