Drexler v. Edwards
District Court of Appeal of Florida
1Opinion of the Court
ON MOTION FOR REHEARING EN BANC
2Per curiam
We grant petitioner’s motion for rehearing en banc for the purpose of clarifying the basis for our decision not to grant the petition for writ of prohibition at this juncture of the proceeding. We continue to adhere to our decision in Roberts v. Roberts, 385 So.2d 1032 (Fla. 5th DCA 1980) that a trial court lacks jurisdiction to enforce payment of periodic alimony by contempt proceedings after the spouse to whom the alimony is owed has remarried. Roberts applies even though the periodic alimony is not terminated by the spouse’s remarriage, as in this case.1
Howeve…
3Cases cited2 opinions
- English v. McCrarySupreme Court of Florida · 1977
- Roberts v. RobertsDistrict Court of Appeal of Florida · 1980