Fourth DCA Reverses Order Draft by Former Wife Forcing Sale of Former Husband’s Residence to Satisfy Alimony Arrearages Where Former Husband Had No Opportunity to Object

Ross v. Ross, 4D11-107

The Fourth District recently wrote to address an appeal from an order that forced the sale of the Former Husband’s residence to satisfy his alimony arrearages. The Former Wife had drafted the ten-page order that the Court characterized as “very unfavorable” to the Former Husband, as it included findings that he acted in bad faith and committed fraud upon the court. The Fourth DCA found in favor of the Former Wife on four of the Former Husband’s five issues on appeal. However, the Fourth DCA agreed with the Husband’s argument that, under Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004) the trial court erred by entering the order submitted by the Former Wife verbatim without Former Husband having the opportunity to review it first. The Former Wife’s overreaching resulted in the case being reversed and remanded for the entry of a new order after Former Husband had an opportunity to submit his own proposed order or to object to that submitted by the Former Wife.

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