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528 So. 2d 42

Docket No. 87-843.

Rosen v. Rosen

Eileen ROSEN, Appellant, v. Gene ROSEN, Appellee.

District Court of Appeal of Florida

Decided June 21, 1988.

Rehearing Denied August 3, 1988.

District Court of Appeal of Florida · decided 1988-06-21

Key passage — most relied on by later courts

“employability was known at the time of the previous award and, thus, could not be considered”

quoted by 1 later decision, including 696 So. 2d 697 - Rosen v. Rosen

Relies on 382 So. 2d 1197 - Canakaris v. Canakaris · American States Insurance v. Piasecki · Jaffee v. Jaffee

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-21

How this case has been cited

Cited by 13 later decisions — most recently July 2011

12 state decisions

1001988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Joe N. Unger, Miami, for appellant.

¶2Steel, Hector & Davis and Robert W. Goldman, Miami, for appellee.

¶3Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

¶4PER CURIAM.

¶5We reverse a judgment that modified a permanent periodic alimony award previously affirmed by this court, Rosen v. Rosen,426 So.2d 1052 (Fla. 3d DCA 1983), because the bases for modification, excluding a $100,000 gift made to Eileen Rosen by her father, do not reflect any significant change in circumstance from the time of entry of the original award. Bashaw v. Bashaw,412 So.2d 433 (Fla. 4th DCA 1982); Jaffee v. Jaffee,394 So.2d 443 (Fla. 3d DCA 1981). Specifically, the wife's employability was known at the time of the previous award and, thus, could not be considered. Coe v. Coe,352 So.2d 559, 560 (Fla. 2d DCA 1977); Howell v. Howell,301 So.2d 781, 782 (Fla. 2d DCA 1974).

¶6However, the evidence of the paternal gift, which generates interest income of approximately $10,000 a year, could constitute the required substantial change in circumstance. See Canakaris v. Canakaris,382 So.2d 1197 (Fla. 1980); Turner v. Turner,383 So.2d 700 (Fla. 4th DCA), review denied,392 So.2d 1381 (Fla. 1980). Appellant concedes as much in her brief. Nevertheless, we fail to see how that income could justify a reduction of $18,000 per year in alimony, which is what the trial judge ordered. Accordingly, we remand for further proceedings solely on the issue of the impact of the annual interest income on Eileen Rosen's alimony needs. At the hearing, it would be proper for the judge to consider the effect of inflation on the original alimony award. Wolfe v. Wolfe,424 So.2d 32 (Fla. 4th DCA 1982); Greene v. Greene,372 So.2d 189 (Fla. 3d DCA 1979).

¶7Reversed and remanded.

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