5D11-4283 Currier v. Currier

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-4283

Case Date: 10/22/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2012 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED FRANCIS A. CURRIER, Appellant, v. BETTY MAY CURRIER, Appellee. ________________________________/ Opinion filed October 26, 2012 Appeal from the Circuit Court for St. Johns County, John M. Alexander, Judge. Michael P. Hines, of Michael Hines, P.A., St. Augustine, for Appellant. No Appearance for Appellee. PER CURIAM 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 Case No. 5D11-4283

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. AFFIRMED IN PART; REVERSED IN PART.

PALMER and JACOBUS, JJ., and WETHERELL, T. KENT, Associate Judge, concur.

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