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SMITH v. SMITH

No. 92-00440.

612 So.2d 713 (1993)

James L. SMITH, and James L. Smith, D.O., P.A., Appellants, v. Josie H. SMITH, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1993.

Attorney(s) appearing for the Case

Steven T. Northcutt of Levine, Hirsh, Segall & Northcutt, P.A., Tampa, for appellants.

Mark H. Gibbons of Melendi, Gibbons & Holsonback, P.A., Tampa, for appellee.

BLUE, Judge.

James L. Smith (husband) appeals the final judgment after remand for redetermination of his ability to pay alimony. He raises three issues, only one of which has merit. The husband correctly argues the trial court erred in relying upon the prior record to determine his ability to pay alimony and in failing to hold an evidentiary hearing.

The parties' divorce action was tried before Judge Knowles who entered a final judgment in October 1989. Josie...

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