Walker v. Frericks

Full title: LOUISE V. WALKER, FORMERLY KNOWN AS LOUISE ANN FRERICKS, APPELLANT, v…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 9, 1976

324 So. 2d 680 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1343.

January 9, 1976.

Appeal from the Circuit Court for Brevard County, Volie A. Williams, Jr., J.

Fred D. Leone, Cocoa, for appellant.

Jerald J. Frericks, in pro per.

PER CURIAM.

Upon consideration of the briefs and record on appeal we are of the opinion that the (medical) evidence reflected in the record bearing upon the appellant-wife's physical and mental condition did not form a proper basis for an award of rehabilitative alimony. Herbert v. Herbert, 304 So.2d 465 (Fla.App. 4th, 1974); Lash v. Lash, 307 So.2d 241 (Fla.App. 2d 1975). On the basis of the facts shown permanent rather than rehabilitative alimony should have been granted. Goldstein v. Goldstein, 310 So.2d 361 (Fla.App. 3rd, 1975).

Finding appellant's other contentions to be without merit the final judgment is affirmed, in part, and reversed, in part, and the cause remanded for the purpose of determining an award of permanent alimony. Cf. Schwartz v. Schwartz, 297 So.2d 117 (Fla.App. 3rd, 1974).

CROSS, MAGER, and DOWNEY, JJ., concur.