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Markgraf v. Markgraf

District Court of Appeal of Florida, Second District
Oct 30, 1975
320 So. 2d 27 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-793.

October 3, 1975. Rehearing Denied October 30, 1975.

Appeal from the Circuit Court, Pinellas County, C. Richard Leavengood, J.

Anthony S. Battaglia and Michael L. Hastings of Parker, Battaglia, Parker, Ross Stolba, St. Petersburg, for appellant.

J.A. McClure, Jr., of McClure Turville, St. Petersburg, for appellee.


In this marriage dissolution proceeding appellant-wife appeals from that portion of the final judgment awarding her only rehabilitative alimony. We affirm.

A careful reading of the entire record herein persuades us that the court did not abuse its discretion in failing to award the wife permanent alimony. True it is, that because of the wife's age and certain physical disabilities, there is some indication that she may be incapable of that degree of rehabilitation within the prescribed period sufficient to enable her to maintain the standard of living to which she had become accustomed and to which she may be entitled. If this fear materializes, however, she would still not be precluded from timely seeking within that rehabilitative period a modification of the decree relating to alimony as may be appropriate. We so held in the parallel case of Lee v. Lee.

See, Lash v. Lash (Fla.App.2d 1975), 307 So.2d 241.

(Fla.App.2d 1975), 309 So.2d 26.

In view whereof, the judgment appealed from should be, and the same hereby is, affirmed.

McNULTY, C.J., and HOBSON and SCHEB, JJ., concur.


Summaries of

Markgraf v. Markgraf

District Court of Appeal of Florida, Second District
Oct 30, 1975
320 So. 2d 27 (Fla. Dist. Ct. App. 1975)
Case details for

Markgraf v. Markgraf

Case Details

Full title:MARY ALICE MARKGRAF, APPELLANT, v. WOLFGANG HERBERT ALBERT MARKGRAF…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 30, 1975

Citations

320 So. 2d 27 (Fla. Dist. Ct. App. 1975)

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