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Ritter v. Kieszkowski

District Court of Appeal of Florida, Third District
Jan 16, 2008
No. 3D07-2536 (Fla. Dist. Ct. App. Jan. 16, 2008)

Opinion

No. 3D07-2536.

Opinion filed January 16, 2008.

An Appeal from the Circuit Court for Miami — Dade County, Paul Siegel, Judge, Lower Tribunal No. 07-12661.

Ross and Girten, and Lauri Waldman Ross; Robert S. Singer, for appellant.

Philip D. Parrish, for appellee.

Before GREEN, SHEPHERD, and CORTIÑAS, JJ.


The former husband appeals from a final judgment of dissolution of marriage which awarded temporary rehabilitative alimony to the former wife. He argues, and we agree, that the trial court abused its discretion in awarding rehabilitative alimony where this was a marriage of short duration (14 months) which produced no children; the former wife had talent and training but chose not to pursue a job in her field; and there was no evidence in this record that the former wife's earning ability suffered during this marriage. See Sierra v. Sierra, 776 So. 2d 966 (Fla. 3d DCA 2000); Sutton v. Hart, 746 So. 2d 1175 (Fla. 3d DCA 1999);Edgington v. Edgington, 588 So. 2d 1055 (Fla. 3d DCA 1991); Edwards v. Edwards, 529 So. 2d 777 (Fla. 3d DCA 1988); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982). We therefore reverse and vacate the award of rehabilitative alimony and the loan provision with directions that any amounts already paid to the former wife under these provisions be set off against the remainder of monies owed to the former wife pursuant to the final judgment.

Reversed in part with directions and affirmed in part.

Not final until disposition of timely filed motion for rehearing.


Summaries of

Ritter v. Kieszkowski

District Court of Appeal of Florida, Third District
Jan 16, 2008
No. 3D07-2536 (Fla. Dist. Ct. App. Jan. 16, 2008)
Case details for

Ritter v. Kieszkowski

Case Details

Full title:Steve Ritter, Appellant, v. Anna Kieszkowski, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 16, 2008

Citations

No. 3D07-2536 (Fla. Dist. Ct. App. Jan. 16, 2008)