Fenton L. Gilbert v. Betty J. Gilbert by Second District Court of Appeal of Florida

Fenton L. Gilbert v. Betty J. Gilbert

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Per Curiam. Three days before the issuance of our opinion and unknown to this court at the time, the Third District Court of Appeal entered a split decision holding that the income from spendthrift trusts is exempt from legal process to enforce a court ordered payment of alimony and attorney's fees to an ex-wife. White v. Bacardi, 446 So.2d 150 (Fla. 3d DCA 1984). While we recognize the force of the arguments expressed by the majority opinion in that case, we believe that our opinion, as well as Judge Schwartz's dissent, represents the better view and one which is consistent with the weight of authority in other jurisdictions.

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