Date: 10-26-2012

Case Style: Francis A. Currier v. Betty May Currier

Case Number: 5D11-4283

Judge: Per Curiam

Court: Florida Court of Appeal, Fifth District on appeal from the Circuit Court, St. Johns County

Plaintiff's Attorney: Michael P. Hines, of Michael Hines, P.A., St. Augustine, for Appellant.

Defendant's Attorney: No Appearance for Appellee

Description: We reverse that portion of the final judgment of dissolution of marriage awarding the former wife permanent periodic alimony because the record does not contain competent, substantial evidence of the former husband's ability to pay such an award. Morales v. Morales, 697 So. 2d 1311 (Fla. 3d DCA 1997). We also reverse the corresponding restriction on the former husband's guardian's access to his Bank of St. Augustine account to pay anything but permanent alimony. We affirm the remainder of the final judgment.

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See: http://www.5dca.org/Opinions/Opin2012/102212/5D11-4283.op.pdf

Outcome: AFFIRMED IN PART; REVERSED IN PART.

Plaintiff's Experts:

Defendant's Experts:

Comments: