From Casetext: Smarter Legal Research

Schuttler v. Schuttler

District Court of Appeal of Florida, Fourth District
Apr 20, 1983
429 So. 2d 1338 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-679.

April 20, 1983.

Appeal from the Circuit Court, Broward County, Paul M. Marko III, J.

William I. Zimmerman, Pompano Beach, for appellant.

Robert D. Hurth and Herbert H. Rolnick of Robert D. Hurth, P.A., Pompano Beach, for appellee.


This is an appeal by the wife from a final judgment of dissolution. Because of the substantial disparity in the incomes of the parties, we believe the trial court erred in denying the wife's request for attorney's fees. We also believe the trial court erred in awarding the husband the entire proceeds of an income tax refund payable jointly to both parties. We approve the provisions for alimony and the distribution of the marital assets as being within the bounds of discretion set out in Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). We are simply not permitted to substitute our opinion on those issues if reasonable persons could differ as to the results.

Accordingly, the judgment of the trial court is affirmed in part and reversed in part, and this cause is remanded for further proceedings consistent herewith.

ANSTEAD, BERANEK, and HERSEY, JJ., concur.


Summaries of

Schuttler v. Schuttler

District Court of Appeal of Florida, Fourth District
Apr 20, 1983
429 So. 2d 1338 (Fla. Dist. Ct. App. 1983)
Case details for

Schuttler v. Schuttler

Case Details

Full title:BERNADETTE SCHUTTLER, APPELLANT, v. WILLIAM SCHUTTLER, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 20, 1983

Citations

429 So. 2d 1338 (Fla. Dist. Ct. App. 1983)

Citing Cases

Waddle v. Waddle

We affirm the award of rehabilitative alimony, taking note that the trial court's appropriate concern was…

Shafey v. Shafey

PER CURIAM. Affirmed. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Schuttler v. Schuttler, 429 So.2d…