TaiLexi AI U.S. Case Law

Sumner v. Sumner

Sumner v. Sumner, 480 So. 2d 706 (Fla. Dist. Ct. App. 1986)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 2, 1986
Docket
No. 85-87
Judges
Upchurch
Citations
480 So. 2d 70611 Fla. L. Weekly 103
Cited by 12

Opinion

480 So.2d 706 (1986)

David F. SUMNER, Appellant,

v.

Shirley L. SUMNER, Appellee.

No. 85-87.

District Court of Appeal of Florida, Fifth District.

January 2, 1986.

*707 Franklin T. Walden of Massey, Alper & Walden, P.A., Altamonte Springs, for appellant.

Mack N. Cleveland, Jr. of Cleveland & Bridges, Sanford, for appellee.

UPCHURCH, Judge.

David Sumner appeals from a final judgment of dissolution of marriage in which his former wife was awarded lump sum alimony, partial attorney's fees and as rehabilitative alimony the reasonable and necessary costs incurred by the wife for medical treatment.

Because rehabilitative alimony is awarded for the purpose of allowing a spouse to attain financial independence during a specified time, it was improper to award rehabilitative alimony without limitation as to time or amount. See Cann v. Cann, 334 So.2d 325 (Fla. 1st DCA 1976). We reverse the rehabilitative alimony award and remand the cause to the trial court to establish a limit of time and amount for the award.

The parties appear to have received an equitable distribution of assets. With these assets added to a recent inheritance, the wife has a greater net worth than the husband. Since the wife had substantially the same ability to pay for legal services as did the husband, the award of attorney's fees to the wife was erroneous and is reversed. See Ariko v. Ariko, 475 So.2d 1352 (Fla. 5th DCA 1985).

AFFIRMED in part; REVERSED in part and REMANDED.

COBB, C.J., and SHARP, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1986: 21987: 41989: 21991: 11992: 11993: 11997: 119862026peak 1987 · 4

Relies on it most ⓘ

  1. Sizemore v. Sizemore487 So. 2d 1080 (Fla. Dist. Ct. App. 1986)
  2. Blankenship v. Blankenship502 So. 2d 1002 (Fla. Dist. Ct. App. 1987)
  3. Beaver v. Beaver500 So. 2d 742 (Fla. Dist. Ct. App. 1987)
  4. Flanders v. Flanders516 So. 2d 1090 (Fla. Dist. Ct. App. 1987)
  5. Kinzler v. Kinzler497 So. 2d 909 (Fla. Dist. Ct. App. 1986)
  6. Gandul v. Gandul696 So. 2d 466 (Fla. Dist. Ct. App. 1997)

Most recent

  1. Gandul v. Gandul696 So. 2d 466 (Fla. Dist. Ct. App. 1997)
  2. Mayo v. Mayo619 So. 2d 513 (Fla. Dist. Ct. App. 1993)
  3. Osborne v. Osborne595 So. 2d 1121 (Fla. Dist. Ct. App. 1992) · Concurring in Part, Dissenting in Part
  4. McPeak v. McPeak582 So. 2d 82 (Fla. Dist. Ct. App. 1991)
  5. Landers v. Landers550 So. 2d 554 (Fla. Dist. Ct. App. 1989)
  6. Powers v. Powers549 So. 2d 791 (Fla. Dist. Ct. App. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Cann v. Cann, 334 So. 2d 325 (Fla. Dist. Ct. App. 1976) 60
Ariko v. Ariko, 475 So. 2d 1352 (Fla. Dist. Ct. App. 1985) 26

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list