IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JUDITH ANN DONOVAN, NOT FINAL UNTIL TIME EXPIRES TO
FORMER WIFE FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant/Cross-Appellee,
CASE NO. 1D15-3885
v.
JOHN CHARLES DONOVAN,
III, FORMER HUSBAND
Appellee/Cross-Appellant.
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Opinion filed October 4, 2016.
An appeal from the Circuit Court for Okaloosa County.
John “Jay” Gontarek, Judge.
Michael T. Webster and E. Jane Brehany, Pensacola, for Appellant/Cross-Appellee.
R. Stan. Peeler of Peeler Law Firm, P.C., Pensacola, for Appellee/Cross-Appellant.
ON MOTION FOR REHEARING
PER CURIAM.
On consideration of the motion for rehearing, we grant the motion and
withdraw the opinion filed August 9, 2016, substituting the following opinion in its
place.
We affirm all issues raised by former wife on appeal, but reverse the trial
court’s order reducing the former husband’s alimony payment to zero based on
changed circumstances. While the trial court retained jurisdiction to “enter whatever
other orders which may be required in order to clarify, implement, or enforce the
provisions” of the final order, a nominal award of permanent alimony better
preserves the trial court’s jurisdiction to revisit the matter in the future upon changed
circumstances of the parties. Winder v. Winder, 152 So. 3d 836, 841 (Fla. 1st DCA
2014). Accordingly, the trial court’s order reducing the former husband’s alimony
payment to zero is vacated, and the case is remanded for the trial court to enter a
nominal award of permanent alimony.
REVERSED and REMANDED.
ROWE, MAKAR, and BILBREY, JJ., CONCUR.
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