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458 So. 2d 839

458 So.2d 839

9 Fla.L.Weekly 2323

Borst v. Borst

District Court of Appeal of Florida

Decided November 7, 1984

District Court of Appeal of Florida · decided 1984-11-07

Cited by 5 later decisions — most recently June 1994

5 state decisions

Relies on 382 So. 2d 1197 - Canakaris v. Canakaris · 433 So. 2d 1316 - De Cenzo v. De Cenzo · Novak v. Novak

Good law ✅— No negative treatment on recordhow we know

Decided 1984-11-07

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PER CURIAM.

¶1This is a dissolution of marriage action with resulting final judgment. Wife appeals. Husband cross appeals. Except as to alimony and attorney’s fees, no error has been demonstrated.

¶2The wife was awarded $429.00 weekly as alimony for a period of ten years. Based on the wife’s age, needs, lack of education, disabilities and inabilities, we hold that it was error not to award the wife permanent periodic alimony in the sum of $429.00 weekly. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); DeCenzo v. DeCenzo, 433 So.2d 1316 (Fla. 3d DCA 1983).

¶3We are further of the opinion that the trial court, under the circumstances, abused its discretion in refusing to award reasonable attorney’s fees to the wife. Johns v. Johns, 423 So.2d 443 (Fla. 4th DCA 1982); Novak v. Novak, 429 So.2d 414 (Fla. 4th DCA 1983).

¶4Affirmed in part; reversed in part; and remanded for further proceedings consistent herewith.

HERSEY and WALDEN, JJ., and FLEET, J. LEONARD, Associate Judge, concur.
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