Muir v. Muir

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 COLIN MUIR, Appellant, v. Case No. 5D05-3675 CAROL ANN MUIR, Appellee. ________________________________/ Opinion filed December 29, 2006 Appeal from the Circuit Court for Brevard County, Morgan Laur Reinman, Judge. Jason M. Gordon of Law Office of Jason M. Gordon, Cocoa Beach, for Appellant. No Appearance for Appellee. PER CURIAM. In Muir v. Muir, 925 So. 2d 356 (Fla. 5th DCA 2006) (Muir I), we determined that, based on contract language in the marital settlement agreement, the retroactive reduction in alimony should commence on the date Appellant started making reduced alimony payments. While Muir I was pending, the order being challenged in the instant appeal was entered. It determines alimony arrearages in contravention of the settlement agreement and our mandate in Muir I. recalculate arrearages consistent with Muir I. On remand, the court shall We have considered and rejected, without discussion, Appellant s second point on appeal. REVERSED and REMANDED. SAWAYA, ORFINGER and TORPY, JJ., concur. 2

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