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Burkhart v. Burkhart

District Court of Appeal of Florida, Third District
Sep 22, 1982
418 So. 2d 1067 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2271.

August 3, 1982. Rehearing Denied September 22, 1982.

Appeal from the Circuit Court, Dade County, Leonard Rivkind, J.

Richard H.W. Maloy Associates and Richard H.W. Maloy, Coral Gables, Kevin A. Anderson, Hialeah, for appellant.

Payton Rachlin and Andrew Joshua Markus, Miami, for appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.


We find error only in that part of the final judgment of dissolution which awarded the wife permanent periodic alimony. The record reflects that the wife is a thirty-year-old woman, in good health. While her only employment during this twelve-year marriage was for a brief period near the time of the parties' separation, she admittedly possesses secretarial and clerical skills, is willing and able to work, and is capable of earning from her labor funds sufficient to support herself. Under these circumstances, which are not a matter of dispute, rehabilitative, rather than permanent, alimony is the appropriate award.

Affirmed in part; reversed in part, and remanded with directions to vacate the award of permanent alimony and award rehabilitative alimony in an amount and for a period of time to be determined by the trial court.


Summaries of

Burkhart v. Burkhart

District Court of Appeal of Florida, Third District
Sep 22, 1982
418 So. 2d 1067 (Fla. Dist. Ct. App. 1982)
Case details for

Burkhart v. Burkhart

Case Details

Full title:JUDSON LIMUEL BURKHART, APPELLANT, v. ARENDA JOYCE BURKHART, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 22, 1982

Citations

418 So. 2d 1067 (Fla. Dist. Ct. App. 1982)

Citing Cases

Campbell v. Campbell

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