From Casetext: Smarter Legal Research

Brandenburg v. Brandenburg

District Court of Appeal of Florida, Fourth District
Nov 1, 1989
550 So. 2d 565 (Fla. Dist. Ct. App. 1989)

Summary

In Brandenburg, we also noted conflict with Miller v. Miller, 466 So.2d 356 (Fla. 5th DCA 1985); Richards v. Richards, 477 So.2d 620 (Fla. 5th DCA 1985); Jones v. Jones, 493 So.2d 19 (Fla. 5th DCA 1986).

Summary of this case from Armstrong v. Armstrong

Opinion

No. 89-1614.

November 1, 1989.

Appeal from the Circuit Court, Palm Beach County.

Peggy Rowe-Linn of Peggy Rowe-Linn, P.A., West Palm Beach, for appellant.

No appearance for appellee.


In Brandenburg v. Brandenburg, 425 So.2d 25 (Fla. 4th DCA 1982), this court, among other things, affirmed that part of the final judgment of dissolution which required the husband to pay the wife's medical and dental expenses including prescriptions, drugs and medications and limited the husband's liability to those expenses that are reasonable and necessary. We find no error in the trial court's conclusion that appellant is liable for reasonable and necessary expenses incurred for prescriptions, drugs and medications, whether prescribed or not. We disagree with appellant's argument that the amount of his liability for such expenses should be limited by a dollar amount. The term "reasonable and necessary" and the retention of jurisdiction by the trial court provides an adequate limitation of those expenses and a forum for relief for either of the parties should the circumstances require.

Accordingly, we affirm on the authority of Thompson v. Thompson, 325 So.2d 480 (Fla. 4th DCA 1975) and Brandenburg v. Brandenburg. We recognize that this decision conflicts with Miller v. Miller, 466 So.2d 356 (Fla. 5th DCA 1985); Richards v. Richards, 477 So.2d 620 (Fla. 5th DCA 1985); Jones v. Jones, 493 So.2d 19 (Fla. 5th DCA 1986); Perez v. Perez, 539 So.2d 1178 (Fla. 1st DCA 1989).

AFFIRMED.

LETTS, J., concurs.

WARNER, J., concurs in result only.


Summaries of

Brandenburg v. Brandenburg

District Court of Appeal of Florida, Fourth District
Nov 1, 1989
550 So. 2d 565 (Fla. Dist. Ct. App. 1989)

In Brandenburg, we also noted conflict with Miller v. Miller, 466 So.2d 356 (Fla. 5th DCA 1985); Richards v. Richards, 477 So.2d 620 (Fla. 5th DCA 1985); Jones v. Jones, 493 So.2d 19 (Fla. 5th DCA 1986).

Summary of this case from Armstrong v. Armstrong

In Brandenburg v. Brandenburg, 550 So.2d 565 (Fla. 4th DCA 1989), we held that a limitation in the final judgment of "reasonable and necessary" medical expenses was an adequate limitation as either party could apply for relief from such expenses should the circumstances require it.

Summary of this case from Watford v. Watford
Case details for

Brandenburg v. Brandenburg

Case Details

Full title:HOWARD E. BRANDENBURG, APPELLANT, v. BETTYE J. BRANDENBURG, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 1, 1989

Citations

550 So. 2d 565 (Fla. Dist. Ct. App. 1989)

Citing Cases

Watford v. Watford

The approach of this district has been slightly different. In Brandenburg v. Brandenburg, 550 So.2d 565 (Fla.…

Patterson v. Cuervo

But see McDaniel v. McDaniel, 653 So.2d 1076 (Fla. 5th DCA 1995) (error to order spouse to pay uncovered…