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Slavica Nmn Fischer, Former Wife v. Wayne Joseph Fischer, Former Husband
16-5451
| Fla. Dist. Ct. App. | Jul 19, 2017
|
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*1 IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SLAVICA NMN FISCHER, NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-5451 WAYNE JOSEPH FISCHER,

Appellee.

_____________________________/

Opinion filed July 20, 2017.

An appeal from the Circuit Court for Santa Rosa County.

David Rimmer, Judge.

Bruce B. Childers, Pensacola, for Appellant.

Ross A. Keene of Ross Keene Law, P.A., Pensacola, for Appellee.

PER CURIAM.

Appellant, the former wife, challenges the trial court’s order modifying the amount of alimony awarded to her. She claims competent, substantial evidence does not support the trial court’s finding that the former husband experienced the prerequisites to alimony modification: (1) a substantial change in circumstances; (2) that the change was not contemplated at the time of the final judgment of dissolution; and (3) that the change was sufficient, material, involuntary, and *2 permanent in nature. Jarrard v. Jarrard, 157 So. 3d 332, 336-37 (Fla. 2d DCA 2015).

We agree; the evidence that was presented at the hearing does not support a finding that the former husband’s change in circumstances was either unanticipated or involuntary. We, therefore, REVERSE the order modifying the alimony award. WOLF, ROWE, and KELSEY, JJ., CONCUR.

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Case Details

Case Name: Slavica Nmn Fischer, Former Wife v. Wayne Joseph Fischer, Former Husband
Court Name: District Court of Appeal of Florida
Date Published: Jul 19, 2017
Docket Number: 16-5451
Court Abbreviation: Fla. Dist. Ct. App.
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