MYRICK v. MYRICK

No. 80-1447.

402 So.2d 452 (1981)

Thomas L. MYRICK, Appellant, v. Barbara Jo MYRICK, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 25, 1981.


Attorney(s) appearing for the Case

Barry L. Zisser of Zisser, Robison & Spohrer, P.A., Jacksonville, for appellant.

Eugene E. Rhodes, Jr., South Daytona, for appellee.


ORFINGER, Judge.

The only issue before us on this appeal is whether the trial court has jurisdiction to modify an award of rehabilitative alimony when the petition for modification is filed before the payment period has ended, but the order modifying the award is not entered until after the period has expired.

The nature of "rehabilitation" is such that no court can ever be assured that it will, in fact, occur. If the awarded spouse has not reached the point...

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