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WHITE v. WHITE

No. 2D07-5013.

3 So.3d 400 (2009)

Gary Sheldon WHITE, Appellant, v. Linda J. WHITE, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 2009.

Attorney(s) appearing for the Case

Jane H. Grossman of Law Office of Jane H. Grossman, St. Petersburg, for Appellant.

Kathy C. George of Law Offices of Boake & George, St. Petersburg, for Appellee.

CASANUEVA, Judge.

Gary Sheldon White appeals an order denying his petition to reduce or eliminate his permanent periodic alimony obligation to his former wife, Linda J. White. Because the trial court improperly relied upon a defense not pleaded or otherwise raised before trial in denying the petition, we reverse.

In the petition, Mr. White sought to modify his permanent periodic alimony obligation to his former wife on two bases. First, Mr. White claimed that...

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