Friday, July 9, 2010

Fifth District Court Recedes from its Rejection of Bridge The Gap

The Fifth District Court today issued an opinion in Engesser v. Engesser, a case which allowed only limited review due to the lack of a transcript, but did provide the Court with an opportunity to recede from its prior rulings, in Martin v. Martin, 582 So.2d 784 (Fla. 5th DCA 1991), which disapproved of bridge the gap alimony. The ruling is narrowed to the existence of an award of this type, and does not provide a specific basis for the permissibility of the award, but each District Court has now recognized the existence of the form of relief and its potential propriety.

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