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Nasser v. Nasser

Citations: 583 So. 2d 376; 1991 Fla. App. LEXIS 7187; 1991 WL 128316Docket: No. 90-2549

Court: District Court of Appeal of Florida; July 16, 1991; Florida; State Appellate Court

Narrative Opinion Summary

The appellate court addressed the case of Stephen M. Nasser, who appealed a final judgment of dissolution of marriage with Janice A. Nasser. The court affirmed the trial court's decisions to grant the wife permanent alimony, rehabilitative alimony, child support, and attorneys’ fees, as well as the requirement for the husband to maintain two insurance policies to secure these payments. This affirmation is supported by precedent cases, including Canakaris v. Canakaris and Sobelman v. Sobelman. However, the court identified an error in the trial court's judgment regarding the permanent alimony payments, specifically noting that these payments should terminate upon the death of either party, as established in Gold v. Gold and further clarified in Canakaris. The appellate court thus affirmed part of the judgment while reversing the portion related to the termination of permanent alimony.

Legal Issues Addressed

Attorney's Fees and Insurance Policies

Application: The appellate court supported the trial court's requirement for the husband to pay attorneys’ fees and maintain insurance policies to secure alimony and support payments.

Reasoning: The court affirmed the trial court's decisions to grant the wife...attorneys’ fees, as well as the requirement for the husband to maintain two insurance policies to secure these payments.

Permanent Alimony Awards

Application: The appellate court affirmed the trial court's decision to award permanent alimony to the wife, supporting the decision with precedent cases.

Reasoning: The court affirmed the trial court's decisions to grant the wife permanent alimony.

Precedent in Alimony Decisions

Application: The appellate court's decision was guided by established precedents from cases such as Canakaris v. Canakaris and Sobelman v. Sobelman.

Reasoning: This affirmation is supported by precedent cases, including Canakaris v. Canakaris and Sobelman v. Sobelman.

Rehabilitative Alimony and Child Support

Application: The appellate court upheld the trial court's decision to award rehabilitative alimony and child support to the wife.

Reasoning: The court affirmed the trial court's decisions to grant the wife...rehabilitative alimony, child support.

Termination of Permanent Alimony

Application: The appellate court reversed the trial court's judgment regarding the conditions for termination of permanent alimony, stating that such payments should terminate upon the death of either party.

Reasoning: However, the court identified an error in the trial court's judgment regarding the permanent alimony payments, specifically noting that these payments should terminate upon the death of either party.