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PAN AMERICAN BANK OF ORLANDO, N. A. v. O'MALLEY

No. 76-1058.

353 So.2d 856 (1977)

PAN AMERICAN BANK OF ORLANDO, N. A., As Personal Representative of the Estate of Joseph E. O'Malley, Appellant, v. Iva C. O'MALLEY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 30, 1978.

Attorney(s) appearing for the Case

Alexander C. Mackinnon of Johnson, Motsinger, Trismen & Sharp, Orlando, for appellant.

G. Thomas Ball of Mesmer & Robbinson, Orlando, for appellee.

ALDERMAN, Chief Judge.

The determinative issue in this appeal is whether a written separation agreement between Joseph E. O'Malley and Iva C. O'Malley, his former wife, is sufficient to obligate Mr. O'Malley's estate to continue alimony payments after his death. The trial court concluded that the agreement was sufficient and held Mr. O'Malley's estate liable for continued alimony payments. We reach a contrary conclusion and reverse.

When Mr. and Mrs. O'Malley...

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