JENKINS V. JENKINS 882 So.2d 705 (2004) CASE BRIEF

JENKINS V. JENKINS

882 So.2d 705 (2004)

NATURE OF THE CASE: This was a dispute over the grounds for divorce.

FACTS: Frank (H) and Brenda (W) were married on September 16, 1983. H had retired some years back, but owns and manages a mobile home park consisting of roughly 95 lots which he rents monthly for approximately $150 per month and which generates approximately $12,000 per month before operating expenses are deducted. H claims that he has a negative income because he borrows his living expenses against the mobile home park each year. W moved out and filed for divorce on April 15, 2002. She sought interim and permanent spousal support. The court awarded W interim support of $2000 per month. Judgment of divorce was granted at a December 12 hearing, and subsequently the court reduced the support award to $1269 commencing on April 15, 2002. The judgment of divorce found that W was without fault in the divorce and awarded her permanent periodic spousal support in the amount of $700 per month. The court denied all other motions. This appeal resulted. H contends the trial court erred in finding that W was free from fault and that W had abandoned him in March of 2002 when she moved out of the matrimonial domicile without lawful cause and refused to return. This abandonment, he argues, constitutes legal fault and precludes an award of permanent spousal support.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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