5D05-3675 Muir v. Muir

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3675

Case Date: 12/25/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006

COLIN MUIR, Appellant, v. CAROL ANN MUIR, Appellee. ________________________________/ Opinion filed December 29, 2006 Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge. Jason M. Gordon of Law Office of Jason M. Gordon, Cocoa Beach, for Appellant. No Appearance for Appellee. Case No. 5D05-3675

PER CURIAM. In Muir v. Muir, 925 So. 2d 356 (Fla. 5th DCA 2006) (Muir I), we determined that, based on contract language in the marital settlement agreement, the retroactive reduction in alimony should commence on the date Appellant started making reduced alimony payments. While Muir I was pending, the order being challenged in the instant appeal was entered. It determines alimony arrearages in contravention of the On remand, the court shall

settlement agreement and our mandate in Muir I. recalculate arrearages consistent with Muir I.

We have considered and rejected, without discussion, Appellant's second point on appeal. REVERSED and REMANDED. SAWAYA, ORFINGER and TORPY, JJ., concur.

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