Filed: Aug. 01, 2018
Latest Update: Mar. 03, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed August 1, 2018. Not final until disposition of timely filed motion for rehearing. _ No. 3D17-1219 Lower Tribunal No. 13-32311 _ Roxanna Denis, Appellant, vs. Carl Edouard Denis, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Judith L. Kreeger, Judge. Roxanna Denis, in proper person. Law Office of Pamela M. Gordon, P.A., and Pamela M. Gordon (Hollywood), for appellee. Before FERNANDEZ, SCALES and LUCK, JJ. SCALES, J.
Summary: Third District Court of Appeal State of Florida Opinion filed August 1, 2018. Not final until disposition of timely filed motion for rehearing. _ No. 3D17-1219 Lower Tribunal No. 13-32311 _ Roxanna Denis, Appellant, vs. Carl Edouard Denis, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Judith L. Kreeger, Judge. Roxanna Denis, in proper person. Law Office of Pamela M. Gordon, P.A., and Pamela M. Gordon (Hollywood), for appellee. Before FERNANDEZ, SCALES and LUCK, JJ. SCALES, J. ..
More
Third District Court of Appeal
State of Florida
Opinion filed August 1, 2018.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-1219
Lower Tribunal No. 13-32311
________________
Roxanna Denis,
Appellant,
vs.
Carl Edouard Denis,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Judith L.
Kreeger, Judge.
Roxanna Denis, in proper person.
Law Office of Pamela M. Gordon, P.A., and Pamela M. Gordon
(Hollywood), for appellee.
Before FERNANDEZ, SCALES and LUCK, JJ.
SCALES, J.
Appellant Roxanna Denis (“Wife”) challenges three portions of a final
judgment dissolving her marriage to appellee Carl Edouard Denis (“Husband”): (i)
the trial court’s denial of Wife’s claim for either bridge-the-gap or rehabilitative
alimony; (ii) the trial court’s denial of Wife’s claim for attorney’s fees; and (iii) the
trial court’s requiring of Wife to pay one-third of the minor child’s uninsured
medical and dental expenses.
We conclude that the trial court did not abuse its discretion in denying
Wife’s claims for alimony and attorney’s fees, and therefore affirm these
determinations without further discussion.1 With regard to the third issue raised by
Wife, however, we reverse and remand to the trial court either to: (i) require Wife
to pay only 28.48 percent of the minor child’s uninsured medical and dental
expenses, or (ii) specify its rationale for requiring the Wife to pay one-third (i.e.,
33.33 percent) of these expenses. Husband concedes that, based on Husband’s
Child Support Guidelines Worksheet, Wife’s responsibility for these expenses
should be only 28.48 percent rather than the 33.33 percent ordered in the final
judgment.
1 To the extent that Wife’s argument is based upon the trial court’s failure to recite
specific factual findings warranting the denial of Wife’s alimony claim, we note
that Wife filed no motion for rehearing directed toward the final judgment, and the
basis for the trial court’s ruling is supported by the record. Broadfoot v. Broadfoot,
791 So. 2d 584, 585 (Fla. 3d DCA 2001).
2
Affirmed in part, reversed in part, and remanded for further proceedings
consistent herewith.
3