Public-domain · open source
OpenJurist

741 So. 2d 1176

Williamitis v. Williamitis

District Court of Appeal of Florida

Decided September 10, 1999

District Court of Appeal of Florida · decided 1999-09-10

Cited by 3 later decisions — most recently May 2012

3 state decisions

Relies on 695 So. 2d 391 - Hedendal v. Hedendal · Schere v. Schere

Good law ✅— No negative treatment on recordhow we know

Decided 1999-09-10

View the full empirical analysis of this case →

GREEN, Judge.

¶1Anthony J. Williamitis timely appeals the trial court’s final judgment of dissolution of marriage which designated his wife, Darla L. Williamitis, as primary residential parent of the parties’ minor children and permitted her to relocate with them. He also complains about the distribution of assets, attorney’s fees, and required life insurance. We affirm in part, but reverse on the issue of life insurance.

¶2The dispute over primary residency and relocation of the children vexed the trial judge, and extensive findings of fact were made to support his ruling in favor of the wife. We approve this disposition, noting that jurisdiction pertaining thereto was reserved.

¶3The trial judge also acted correctly in effecting a fair distribution to the wife of marital assets, based on his interpretation of the parties’ prenuptial agreement. Furthermore, because of needless litigation by the parties, but notably the husband, the trial judge properly exceeded the attorney’s fee provision contained in the prenuptial agreement. On the other hand, we determine the trial judge was without authority to require the husband to obtain life insurance in order to secure his child support payments, when no such relief was sought by the wife or litigated in the proceedings. See Hedendal v. Hedendal, 695 So.2d 391 (Fla. 4th DCA 1997); Schere v. Schere, 645 So.2d 21 (Fla. 3d DCA 1994).

¶4We, therefore, affirm the final judgment of dissolution of marriage, with exception of the provision requiring the husband to purchase life insurance as security for child support payments.

¶5Affirmed in part; reversed in part.

PATTERSON, C.J., and BLUE, J., Concur.
/741/so2d/1176 · .json · Public domain