Legal Opinion · Dissent

Shaw v. Shaw

District Court of Appeal of Florida

Decided February 22, 1984No. 81-1176Published

1DissentWalden, Judge

I would affirm.

In my opinion, the separation agreement was mixed: part property settlement agreement, not modifiable, and part support, subject to modification. There was not a sufficient change in circumstances to warrant modification of the agreed support payment. Thus, the trial court was correct in denying modification.

I do particularly disagree, albeit with respect, to the portion of the majority opinion that commands the trial court to now enter an amended final judgment reflecting the basis of its earlier decision. It is our appellate task to determine if the trial court arrived at a…

2Cases cited6 opinions

  1. Foley v. Weaver Drugs, Inc.District Court of Appeal of Florida · 1965
  2. Crudele v. CookDistrict Court of Appeal of Florida · 1963
  3. In re FreemanSupreme Court of Florida · 1955
  4. Hoisington v. KulchinDistrict Court of Appeal of Florida · 1965
  5. Time, Inc. v. FirestoneDistrict Court of Appeal of Florida · 1973

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