11-2219 FLORENCE FRANKS, FORMER WIFE, v. EUGENE N. FRANKS, JR., FORMER HUSBAND

State: Florida

Court: Florida First District Court

Docket No: 11-2219

Case Date: 05/04/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FLORENCE FRANKS, FORMER WIFE, Appellant, v. EUGENE N. FRANKS, JR., FORMER HUSBAND, Appellee. _____________________________/ Opinion filed May 4, 2012. An appeal from the Circuit Court for Duval County. E. McRae Mathis, Judge. Lester Makofka, Jacksonville, for Appellant. Corrine A. Bylund, Jacksonville, for Appellee. CASE NO. 1D11-2219 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. Florence Franks ("Former Wife") appeals, and Eugene N. Franks, Jr. ("Former Husband), cross-appeals, a final judgment dissolving their 14-year marriage, awarding the Former Wife bridge-the-gap alimony and a portion of the Former Husband's military retired pay, distributing the marital assets and debts, and enjoining the Former Wife from contacting the Former Husband's employer.

The Former Wife challenges the judgment asserting that: (1) the trial court lacked subject matter jurisdiction; (2) the court erred in failing to award her permanent periodic alimony; (3) the court failed to address her request for attorney's fees; (4) the court abused its discretion in entering the injunction against her; and (5) the court abused its discretion in denying her motion for continuance. The Former Husband raises three issues on cross-appeal: (1) the trial court failed to make findings justifying the unequal distribution of marital assets; (2) the court incorrectly exceeded the two-year statutory limit on bridge-the-gap alimony; and (3) the court abused its discretion in ordering the Former Husband to elect a survivor benefit plan naming the Former Wife as sole beneficiary. We affirm the issues raised by the Former Wife on appeal. Sufficient evidence in the record supports the trial court's finding that the Former Wife was a resident of the State of Florida for six months before the petition for dissolution was filed. See

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