Florida District Courts of Appeal, 1982

Hodder v. Hodder

Florida District Courts of Appeal · Decided April 27, 1982 · Genson, Jor, Nesbitt, Schwartz

414 So. 2d 9; 1982 Fla. App. LEXIS 29342 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Stabinski v. Clemdor Enterprises, Inc. (Fla. Dist. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SCHWARTZ, Judge.

As part of a property settlement agreement, the ex-husband was obliged to pay the wife $35,000 “due and payable over a period of five (5) years from date of October 24, 1979, i.e. October 24, 1984.” The lower court rejected Mr. Hodder’s contention — reasserted on appeal — that, under this provision, he was not required to pay any part of the $35,000 before the five-year period ended on October 24, 1984. Accordingly, on July 17, 1981, judgment was entered in Ms. Hodder’s favor for $10,000. We find no basis to disagree with the trial judge’s construction of the terms of the agreement to this effect. Aetna Casualty & Surety Co. v. Warren Bros. Co., Div. of Ashland Oil, Inc., 355 So.2d 785 (Fla. 1978); Clark v. Clark, 79 So.2d 426 (Fla. 1955); Font v. Lazarus Homes Corp., 339 So.2d 258 (Fla. 3d DCA 1976).

Affirmed.

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