Legal Opinion

Lustgarten v. Lustgarten

District Court of Appeal of Florida

Decided June 22, 2011No. 4D09-4404Published

1Opinion of the CourtGerber, J.

The former husband appeals the circuit court’s final order holding him in contempt for willfully failing to pay the cost of the former wife’s liver transplant. The husband argues that the transplant was not “reasonable and necessary” and that his actions were not willful. We reject the first argument but agree with the second. Thus, we reverse.

The husband and wife entered into a settlement which the court incorporated into a final judgment of dissolution. The judgment provides:

[S]o long as [the husband’s] alimony obligation exists, [he] shall also pay the wife’s medical insurance coverage and…

2Cases cited6 opinions

  1. Campbell v. CampbellDistrict Court of Appeal of Florida · 2010
  2. Von Baillou v. Von BaillouDistrict Court of Appeal of Florida · 2007
  3. CITIZENS PROPERTY INSURANCE CORPORATION v. Michigan Condominium AssociationDistrict Court of Appeal of Florida · 2010
  4. Satter v. SatterDistrict Court of Appeal of Florida · 1998
  5. Brandenburg v. BrandenburgDistrict Court of Appeal of Florida · 1989

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