DocketNumber: 21-2493
Filed Date: 5/12/2023
Status: Precedential
Modified Date: 11/27/2023
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ROGER MALOCH, Appellant, v. Case No. 5D21-2493 LT Case No. 2007-DR-0920 LAURA DAVIS F/K/A LAURA MALOCH, Appellee. ________________________________/ Decision filed May 12, 2023 Appeal from the Circuit Court for St. Johns County, Joan Anthony, Judge. William S. Graessle, of William S. Graessle, P.A., Jacksonville, for Appellant. Rebecca Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for Appellee. PER CURIAM. AFFIRMED. LAMBERT, C.J., and EDWARDS, J., concur. EISNAUGLE, J., concurring in part and dissenting in part, with opinion. Case No. 5D21-2493 LT Case No. 2007-DR-0920 EISNAUGLE, J., concurring in part and dissenting in part. Former Husband argues, inter alia, that a miscalculation of alimony appears on the face of the judgment. I agree, but I cannot discern if the miscalculation is in the trial court’s assessment of Former Wife’s need or in the alimony amount itself. Therefore, I would reverse for the trial court to reconsider both calculations. See Poropat v. Poropat,54 So. 3d 507
, 508 (Fla. 5th DCA 2010) (“[W]e reverse and remand to the trial court to correct the mathematical error which is reflected on the face of the order.” (citation omitted)). I would otherwise affirm. 2