Friday, October 12, 2012

Fifth DCA Reverses Final Judgment

The Fifth District Court of Appeal ruled today in Gibson v. Gibson, agreeing with the Former Wife that reversal was required on two points.  First and foremost, despite finding that alimony was needed and appropriate, and despite the parties’ having agreed to an alimony award, the lower tribunal neither awarded alimony or explained why not.  The Fifth District reversed on this point assuming it was an oversight by the lower court.  In addition, the final judgment contains instructions requiring that the Former Wife be permitted to keep the home and the debt upon it as her own asset free and clear, and yet also requiring the sale of the home at the termination of an exclusive possession award and the division of the proceeds.  Again, assuming error, the Fifth District Court reversed.

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