Oliver v. Oliver
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHN A. OLIVER, Appellant, v. Case No. 5D11-2770 MARY ANNE OLIVER, Appellee. ________________________________/ Opinion filed March 15, 2013 Appeal from the Circuit Court for St. Johns County, Clyde E. Wolfe, Judge. Sean P. Sheppard, of J. Scott Gunn, P.A., Ft. Lauderdale, for Appellant. A. Russell Smith, of A. Russell Smith, P.A., Jacksonville, and Michael J. Korn and Mary C. Coxe, of Korn & Zehmer, P.A., Jacksonville, for Appellee. PER CURIAM. John A. Oliver, the former husband, appeals a final judgment dissolving his marriage to Mary Anne Oliver, the former wife. We affirm the final judgment, but modify one provision. The final judgment required the former husband to reimburse the former wife seventy-five percent of the cost of any medical expenses incurred by the minor or dependent children. We modify this provision to apply only to non-elective reasonable and necessary medical expenses. The former husband is not responsible for elective medical procedures, absent his express agreement or court order. See Hill v. Hill, 706 So. 2d 406, 407 (Fla. 5th DCA 1998). AFFIRMED as MODIFIED. ORFINGER, C.J., GRIFFIN and EVANDER, JJ., concur. 2
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