The Candid Review: A Blog About Appeals

Brownstone attorney Michael Brownlee brings home another victory.

Mr. Brownlees client was a former husband who was ordered by a trial court to pay monthly alimony to his ex-wife.  Mr. Brownlee appealed the alimony decision to Floridas Second District Court of Appeal, arguing that the trial court did not make the necessary findings to support the amount of alimony awarded.  In addition, Mr. Brownlee argued that based on the record before the trial court, his client did not have the ability to pay any alimony.  The Second District reversed the trial courts alimony decision because the trial court failed to make findings explaining why the amount of alimony awarded was appropriate.  The Second District held that due to the absence of these findings, it could not conclusively determine whether the former husband had the ability to pay any amount of alimony.  Thus, the Second District remanded the case back to the trial court to make the requisite findings.  In doing so, the Second District gave the trial court some food for thought by noting that the record evidence suggested the alimony awarded exhausts the former husbands income, which is impermissible under Florida law.

Here is a copy of the Opinion Rutan.