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I:~ TN.F L~ISTR?GT GL~LTR'T nF APPEAL OF THE STATE OF FLORIDA '
FOURTH DISTRICT JANUARY TERM 1979
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hOT FINAL UNT1L T1ME EXPIRES -
RITA M . TIERNEY , • ) ~HE,~IRINC3 PETITIOl~i
- ) AND. IF FiLE~. ~SPU6Efl ~F.
~ Appellant~ ) _
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~ ) CASE N0. 78-156.
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JONN S. TIERNEY, JR., )
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Appellee. )
Opinion filed MARCH 7, 1979
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Appeal from the Circuit Court ~
for St. Lucie CounCv; ~
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Philip G. Nourse, Judge.
Errol S. Willes of Willes,
Bittan & t,Tilles. Fort Pierce, ;
for appellant. ~
Ben L. Bryan, Jr.. Fort Pierce, .
for appellee.
PER CURIAM.
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~ This is an appeal by the wife from an order
awarding her rehabilitative alimon_y for eig~t years upon
dissulution of a t~•:Qr.t~~-seven year marriage. There is no
B evidence ii~ the record to support an award for rehabilitative {
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~ rather t~an permanent alimony. In addition, it appears that _ f
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s the amount of the alimony award was erroneously oredicated ~
~ on the husband's testimony that he contemplated a reduction t
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in income in the future. In essence, the wife was left in
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the position of seekin~ a modification if the reduction did ;
~ not occur. The undisputed evidence at the time of the ~
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~ final hearin was that the husband had already earned ~
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~ income of $32,000.00 for the first eleven months of the year.
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_ His earninp,s in recent vears were substantially the same. #
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~ Based upon this evidence we believe the wife was entitled to ;
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~ a minimun of $150.00 weekly perr_ianent alimony. Should the
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~ husband's expectations as to a future decrease in annual incorie
~ actually occur, he may seek a modification of the judgment.
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` ~ ~ - BOOK WV PACf O09
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