Legal Opinion · Dissent

Monihon v. Monihon

District Court of Appeal of Florida

Decided August 6, 1986No. 85-2947Published

1DissentSchoonover, Judge

I respectfully dissent.

Absent a valid reservation of jurisdiction, the trial court has jurisdiction to entertain a petition for modification only so long as the spouse’s obligation to make payment of rehabilitative alimony is executory in whole or in part. Lee; see also, Brown v. Brown, 338 So.2d 916 (Fla. 2d DCA 1976); Elkins; § 61.14, Fla.Stat. (1983). Here, the husband had completely performed all that was required of him under paragraph seven of the final judgment. Therefore, a valid clause reserving jurisdiction was required in order for the trial court to entertain a petition for…

2Cases cited7 opinions

  1. Cann v. CannDistrict Court of Appeal of Florida · 1976
  2. Kosch v. KoschSupreme Court of Florida · 1959
  3. Schlosser Leather Co. v. GillespieTennessee Supreme Court · 1928
  4. Brown v. BrownDistrict Court of Appeal of Florida · 1976
  5. Durden v. DurdenDistrict Court of Appeal of Florida · 1962

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