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474 So. 2d 9

474 So.2d 9

10 Fla.L.Weekly 1887

Docket No. 84-1713.

Mirsky v. Mirsky

Gerald M. MIRSKY, Appellant, v. Eileen F. MIRSKY, Appellee.

District Court of Appeal of Florida · decided 1985-08-08

Cited by 3 later decisions — most recently September 2007

3 state decisions

Relies on 382 So. 2d 1197 - Canakaris v. Canakaris · 464 So. 2d 538 - Walter v. Walter · 469 So. 2d 172 - Rook v. Rook

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-08

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¶1E.D. Cossaboom, Jr., Indialantic, for appellant.

¶2Michael D. Holliday, Melbourne, for appellee.

¶3DAUKSCH, Judge.

¶4The final order modifying a dissolution of marriage judgment is reversed. It is apparent from the record that the trial judge did not consider the criteria required under section 61.08, Florida Statutes (Supp. 1984) nor did he follow the dictates of Canakaris v. Canakaris,382 So.2d 1197 (Fla. 1980) and Walter v. Walter,464 So.2d 538 (Fla. 1985). Upon remand he should hold a new hearing, consider up-to-date evidence and use no "formula" for the setting of alimony and support payments. See Sanford v. Sanford,440 So.2d 1319 (Fla. 4th DCA 1983). In Rook v. Rook,469 So.2d 172 (Fla. 5th DCA 1985), this court declared the reliance upon formulae to be not in accordance with the proper exercise of judicial discretion.

¶5REVERSED and REMANDED.

¶6ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.

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