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393 So. 2d 72

Deter v. Deter

District Court of Appeal of Florida

Decided February 4, 1981

District Court of Appeal of Florida · decided 1981-02-04

Relies on 304 So. 2d 97 - SLT Warehouse Company v. Webb · 339 So. 2d 650 - Faircloth v. Faircloth · Yandell v. Yandell

Decided 1981-02-04

COBB, Judge.

¶1This appeal is dismissed on authority of S. L. T. Warehouse Co. v. Webb, 304 So.2d 97 (Fla.1974), and Florida Rule of Appellate Procedure 9.130(3).

¶2The cross-appeal is stricken as untimely. See Fla.R.App.P. 9.110(b) and (g). We note, however, that this action is without prejudice to the right of the petitioner wife to challenge, by timely appeal after the continued contempt hearing is held, any action by the trial court erroneously placing upon her the burden of proof in regard to the ability to pay of the respondent, a burden which clearly is his. See Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Yandell v. Yandell, 160 Fla. 164, 33 So.2d 869 (1948).

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
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