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Robaina v. Robaina

District Court of Appeal of Florida, Fourth District
Feb 21, 1990
556 So. 2d 1218 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-0624.

February 21, 1990.

Appeal from the Circuit Court, Broward County, George W. Tedder, Jr., J.

Debra Levy Neimark of Neimark Neimark, Law Offices of Ralph Diaz, P.A., and Robert P. Garven, Coral Springs, for appellants.

Maria Rodriguez-Lewis of Maria Rodriguez-Lewis, P.A., Sunrise, for appellee.


There is no competent substantial evidence in the record to support the finding that the husband "earns approximately $20,000 — $25,000 per year." Indeed, the record establishes that his annual income is closer to $12,000. If the latter figure is anywhere near correct, the award of permanent periodic alimony in the sum of $6,000 per annum was too high vis-a-vis the wife's annual income, which is $11,648.

Accordingly, this cause is reversed and remanded for a full evidentiary hearing on the question of annual income. At this juncture, the husband's tax return for the years 1987 and 1988 should be available to better determine his pattern of earnings.

In all other respects, this cause is affirmed.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

DOWNEY, ANSTEAD and LETTS, JJ., concur.


Summaries of

Robaina v. Robaina

District Court of Appeal of Florida, Fourth District
Feb 21, 1990
556 So. 2d 1218 (Fla. Dist. Ct. App. 1990)
Case details for

Robaina v. Robaina

Case Details

Full title:SERVILIO S. ROBAINA AND SERV'S CABINETS, APPELLANTS, v. LAUDELINA ROBAINA…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 21, 1990

Citations

556 So. 2d 1218 (Fla. Dist. Ct. App. 1990)