Mark D. Hollingsworth, Jr. v. Judy C. Hollingsworth
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 MARK D. HOLLINGSWORTH, JR., Appellant, v. JUDY C. HOLLINGSWORTH, Appellee. No. 4D11-2615 [June 27, 2012] PER CURIAM. Appellant, Mark Hollingsworth, Jr., challenges a final judgment of dissolution. Appellant argues that the trial court erred in imputing income, in awarding permanent periodic alimony to former wife, in determining that the former wife s Morgan Stanley account was a nonmarital asset, and in awarding the alimony retroactive and failing to apply all credits owed to appellant. We affirm in all respects except the trial court s failure to apply credits to appellant as against the retroactive alimony awarded. The trial court awarded former wife retroactive alimony of $1,100 per month for an eleven-month period which totaled $12,100. The trial court also found that appellant should receive a credit of $1,353 against his alimony obligation for funds already paid to former wife during the retroactive period. Nevertheless, the final judgment required appellant to pay $12,100, the total sum of the retroactive alimony, and made no allowance for the $1,353 credit. On remand, the trial court shall amend the final order a n d reduce appellant s obligation to pay retroactive alimony by the amount of the $1,353 credit. Affirmed, but remanded for correction. STEVENSON, TAYLOR and CIKLIN, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Paul 312010DR000588XXXX. B. Kanarek, Judge; L.T. Case No. Elizabeth McHugh of Rooney & Rooney, P.A., Vero Beach, for appellant. No appearance for appellee. Not final until disposition of timely filed motion for rehearing. 2
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