ALLSTATE V. MAYTIN
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 JOSEPH C. STEPHEN, ** ** Appellant, vs. ** CASE NO. 3D03-2220 ** SUSAN A. STEPHEN, etc., ** Appellees. LOWER TRIBUNAL NO. 01-1984 ** Opinion filed August 11, 2004. An Appeal from the Circuit Court for Miami-Dade County, Bernard S. Shapiro, Judge. Hall, David and Joseph, and Adam S. Hall, for appellants. Susan A. Stephen, in proper person. Before GREEN, RAMIREZ, and SHEPHERD, JJ. RAMIREZ, J. Joseph C. Stephen appeals the trial court s entry of final judgment in his dissolution of marriage proceeding in which the court awarded permanent alimony. We reverse because the trial court lacked authority to award permanent alimony. The parties married on October 17, 1991 and separated on or about January 14, 2001. On January 25, 2001, the Wife filed a Petition for Dissolution of Marriage. trial, the Wife encumbrances, sought the back-alimony At the January 28, 2003 marital payments, home and free conveyance of all of the marital home to her. The trial court entered final judgment on February 18, 2003, and dissolved the parties marriage. Because the Wife had not requested an award of permanent alimony at the hearing, the trial court did not award permanent alimony, nor did it reserve jurisdiction to award such alimony. On July 7, 2003, the court conducted a status conference to determine the marital home. distribution of the proceeds of the parties In its July 22, 2003 order, the court distributed the funds from the sale of the marital home and granted other relief which has not been challenged. The court also modified the Husband s temporary alimony downward to $250.00 per month from September 1, 2001 through the entry of the final judgment, and thereafter in the amount of $250.00 per month as permanent alimony with arrears through July 31, 2003 in the amount of $5,750.00, effective August 1, remarriage or death. 2 2003 and until the Wife s Because the final judgment did not provide for any award of alimony nor jurisdiction reserve exists to jurisdiction subsequently for that entertain a purpose, no petition for alimony. Richards v. Richards, 569 So. 2d 935 (Fla. 1st DCA 1990); Turner v. Turner, 383 So. 2d 700 (Fla. 4th DCA 1980); Poe v. Poe, 263 So. 2d 644 (Fla. 3d DCA 1972). award of permanent alimony. Reversed and remanded. 3 We thus reverse the
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