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McMillan v. McMillan

Citations: 497 So. 2d 1325; 11 Fla. L. Weekly 2484; 1986 Fla. App. LEXIS 10803Docket: No. 85-2463

Court: District Court of Appeal of Florida; November 25, 1986; Florida; State Appellate Court

Narrative Opinion Summary

Mary Ann McMillan appeals a final judgment of dissolution from October 11, 1985, contesting three points: (a) the denial of permanent periodic alimony and equitable property distribution, (b) the amount of child support awarded, and (c) the denial of attorney’s fees. The appellate court finds that the only significant issue is the child support amount, where the husband was ordered to pay $50 per week, in addition to the child's $198 Social Security check. After reviewing trial testimony and the record, the court concludes that the trial judge did not abuse his discretion regarding child support. The appeal is therefore affirmed. Judges Dell and Gunther concur.

Legal Issues Addressed

Appellate Review and Affirmation

Application: The appellate court, upon reviewing the trial testimony and record, affirmed the trial court's judgment, indicating that the trial judge acted within his discretion.

Reasoning: After reviewing trial testimony and the record, the court concludes that the trial judge did not abuse his discretion regarding child support. The appeal is therefore affirmed.

Child Support Determination

Application: The appellate court reviewed the trial court's decision on child support and found no abuse of discretion in the amount awarded, affirming the trial judge's order.

Reasoning: The appellate court finds that the only significant issue is the child support amount, where the husband was ordered to pay $50 per week, in addition to the child's $198 Social Security check.

Denial of Attorney’s Fees

Application: The denial of attorney’s fees was contested by the appellant, but the appellate court did not find sufficient grounds to overturn the trial court's decision.

Reasoning: Mary Ann McMillan appeals a final judgment of dissolution from October 11, 1985, contesting three points: ... (c) the denial of attorney’s fees.

Denial of Permanent Periodic Alimony and Equitable Property Distribution

Application: The appellate court addressed the appellant's contestation of the denial of permanent periodic alimony and equitable property distribution but did not find it to be a significant issue warranting reversal.

Reasoning: Mary Ann McMillan appeals a final judgment of dissolution from October 11, 1985, contesting three points: (a) the denial of permanent periodic alimony and equitable property distribution...