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43 So. 3d 913 (Fla. 5th DCA 2010)

A Former Wife appealed a permanent alimony award asserting that it was inadequate. The Former Husband retained Shannon McLin to defend the trial court’s decision and, despite difficult facts which would support a reversal, the Fifth District Court of Appeal affirmed. The appellate court accepted the Former Husband’s argument that the appropriate standard of review mandated the result. Judge Cohen noted that he “would not have reached the same decision as the trial judge, nor perhaps would the other members of this panel.” Id. at 914. The appellate court noted that the trial court’s decision was subject to an abuse of discretion standard and it was not permitted to substitute its judgment for the trial court’s.

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