From Casetext: Smarter Legal Research

Holloway v. Holloway

District Court of Appeal of Florida, Third District
Feb 17, 1981
393 So. 2d 1193 (Fla. Dist. Ct. App. 1981)

Opinion

Nos. 80-525, 80-1022.

February 17, 1981.

Appeals from Circuit Court, Dade County; Philip W. Knight, Judge.

Joseph A. McGowan, Miami, for appellant.

No appearance for appellee.

Before HUBBART, C.J., and SCHWARTZ and BASKIN, JJ.


The judgment entered on rehearing is affirmed except insofar as it eliminates the award of permanent periodic alimony contained in the original final judgment. Under the circumstances, it was an abuse of discretion to deny permanent alimony to the appellant-wife. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Colucci v. Colucci, 392 So.2d 577 (Fla. 3d DCA 1980); G'Sell v. G'Sell, 390 So.2d 1196 (Fla. 5th DCA 1980). Since it appears that the $163.00 per month initially granted represents and was considered by the trial court to be a fair and adequate amount, we order that, after remand, this provision be inserted in the amended final judgment under review.

Affirmed in part, reversed in part.

The attorney's fee award on appeal in case no. 80-1022 is affirmed.


Summaries of

Holloway v. Holloway

District Court of Appeal of Florida, Third District
Feb 17, 1981
393 So. 2d 1193 (Fla. Dist. Ct. App. 1981)
Case details for

Holloway v. Holloway

Case Details

Full title:MARY V. HOLLOWAY, APPELLANT, v. RICHARD RAY HOLLOWAY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 17, 1981

Citations

393 So. 2d 1193 (Fla. Dist. Ct. App. 1981)