Florida District Courts of Appeal, 1992

Monitzer v. Monitzer

Florida District Courts of Appeal · Decided July 10, 1992 · Campbell, Schoonover, Threadgill

600 So. 2d 575; 1992 Fla. App. LEXIS 7476; 1992 WL 157441 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Brown v. Brown (Fla. Dist. Ct. App. 1998)

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

PER CURIAM.

The appellant, Frances K. Monitzer, challenges a trial court determination that her adult daughter is not a dependent person under the provisions of section 743.07(2), Florida Statutes (1989). The only competent substantial evidence in the appellate record presented to us establishes that the parties’ daughter, although she is over the age of eighteen, is dependent because of a mental or physical incapacity which began prior to her reaching majority. See Fagan v. Fagan, 381 So.2d 278 (Fla. 5th DCA 1980). Although the expert testified that she may become independent in the future, she was dependent at the time of the hearing and had been for years prior to reaching her majority.

*576Since the evidence establishes that the parties’ daughter meets the requirements for continued support pursuant to section 743.07(2), the court erred by not ordering the appellee to contribute to that support. We, accordingly, reverse and remand for proceedings consistent herewith.

Reversed and remanded.

CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.