5D01-1968 Gurney v. Gurney

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1968

Case Date: 01/14/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

JEFFREY C. GURNEY, Appellant, v. SUSAN M. GURNEY, Appellee. / Opinion Filed January 18, 2002 Appeal from the Circuit Court for Brevard County, Vincent G. Torpy, Jr., Judge. Maureen Monaghan Matheson, of Reinman Matheson Kostro Vaughan & Durham, P.A., Melbourne, for Appellant. Joan H. Bickerstaff of Joan H. Bickerstaff, P.A., Melbourne, for Appellee. PER CURIAM. This is an appeal from a final judgment of dissolution of marriage. Several issues were raised, but, with one exception, we affirm. 1 Appellee acknowledges there is no record basis for inclusion of appellant's per diem pay as income. We reject appellee's argument that the error is de minimis. Accordingly, we remand to the lower court for recalculation of child support and alimony using the correct income figure. AFFIRMED in part; REVERSED in part and REMANDED. CASE NO. 5D01-1968

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Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980).

PETERSON, GRIFFIN and PLEUS, JJ., concur.

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