Florida District Courts of Appeal, 1997

Greene v. Greene

Florida District Courts of Appeal · Decided April 9, 1997 · Gunther, Klein, Polen

691 So. 2d 59; 1997 Fla. App. LEXIS 3256; 1997 WL 163580 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

GUNTHER, C.J., and KLEIN, J., concur. POLEN, J., concurs specially with opinion.

Concurring Opinion

POLEN, Judge,

concurring specially.

Our affirmance of the trial court’s award of temporary support and attorneys fees to the wife should be without prejudice to the husband requesting a supplemental hearing, to present the balance of the evidence he claims was precluded because of insufficient time at the hearing that resulted in the appealed order. Priestes v. Priestes, 549 So.2d 246 (Fla. 2d DCA 1989). If such a hearing results in a reduction of husband’s temporary support obligations, he can then be credited for excess amounts already paid. Priestes at 247.

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