Legal Opinion

Pipitone v. Pipitone

District Court of Appeal of Florida

Decided August 28, 2009No. 2D08-5032Published

1Opinion of the Court

LaROSE, Judge.

Christine Diaz, f/k/a Christine Pipitone, appeals a postjudgment order denying her motion to enforce the final judgment of dissolution of marriage to Charles Pipi-tone, and the incorporated marital settlement agreement (MSA). The trial court erroneously ruled that the MSA provides the exclusive means available to enforce payment of lump sum alimony. We reverse.

We review the interpretation of the MSA de novo. See Johnson v. Johnson, 848 So.2d 1272, 1273 (Fla. 2d DCA 2003). As relevant here, the MSA provides as follows:

VI. ALIMONY.

As and for non-modifiable lump sum alimony, the…

2Cases cited40 opinions

  1. Underwood v. UnderwoodSupreme Court of Florida · 1953
  2. Granados Quinones v. Swiss Bank Corp.Supreme Court of Florida · 1987
  3. Aldrich v. AldrichSupreme Court of Florida · 1964
  4. Smithwick v. SmithwickDistrict Court of Appeal of Florida · 1977
  5. Salomon v. SalomonSupreme Court of Florida · 1967

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