Legal Opinion · Dissent

Stewart v. Stewart

District Court of Appeal of Florida

Decided June 13, 1997No. 95-2904Published

1DissentW. Sharp, Judge

I respectfully dissent from the majority opinion’s conclusion as a matter of law that the trial court abused its discretion in awarding the former wife permanent alimony in this case. I would have remanded this cause to the trial court for the purpose of recalculating the amounts of alimony and child support the former husband is required to pay because of the past due tax liabilities he is paying under force of a federal lien.

The findings of the trial judge appear to me to be adequate to justify an award of permanent, or at least temporary alimony in this case. He made the following findings:

2Cases cited13 opinions

  1. Canakaris v. CanakarisSupreme Court of Florida · 1980
  2. Casto v. CastoSupreme Court of Florida · 1987
  3. O'Neal v. O'NealDistrict Court of Appeal of Florida · 1982
  4. Hamlet v. HamletSupreme Court of Florida · 1991
  5. Hair v. HairDistrict Court of Appeal of Florida · 1981

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