Yann Gerville-Reache, Former Husband v. Ina Gerville-Reache, Former Wife
CourtDistrict Court of Appeal of Florida
Date FiledJune 11, 2020
Docket1D19-1331
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1331
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YANN GERVILLE-REACHE,
Former Husband,
Appellant,
v.
INA GERVILLE-REACHE, Former
Wife,
Appellee.
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On appeal from the Circuit Court for Duval County.
W. Gregg McCaulie, Judge.
June 11, 2020
PER CURIAM.
The former husband appeals from a trial court order in which
the court denied his supplemental petition to modify child support.
In his first issue on appeal, the husband argues the trial court
erred by imputing income to him. We disagree. The trial court
made detailed findings supporting its ruling that the husband’s
decision to abandon his former career in logistics to build a real
estate career was a voluntary underemployment to pursue his own
interests. Voluntary underemployment is a sufficient basis upon
which to impute income. See Windsor v. Windsor, 262 So. 3d 853,
855 (Fla. 1st DCA 2018). We affirm the portion of the order
denying the former husband’s supplemental petition to modify
child support. 1
The former husband also argues that the portion of the trial
court’s order requiring him to pay child support due in June 2018
through January 2019 should be reversed because there was no
evidence that those amounts were still due. The former wife
concedes error, and the record shows that the former husband had
become current on the payments in December 2018. We reverse
that portion of the order on appeal and remand for further
proceedings. 2
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF, ROBERTS, and ROWE, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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1 We also affirm the portion of the order awarding attorney’s
fees to the former wife as challenged in the former husband’s
second issue on appeal.
2 We decline to consider the former wife’s argument that the
trial court meant to order the former husband to pay tuition
arrearages as that argument was not preserved by filing a motion
for rehearing below. See Hentze v. Denys, 88 So. 3d 307, 311 (Fla.
1st DCA 2012) (concluding an alleged error that appeared for the
first time in the final order was unpreserved because the aggrieved
party failed to file a motion for rehearing). Further, the former
wife did not raise this issue in a cross-appeal; therefore, it is not
properly before the Court for consideration. See MacKenzie v.
Centex Homes, 208 So. 3d 790, 792 (Fla. 5th DCA 2016)
(recognizing in the absence of a cross-appeal, the appellee may only
defend the lower court’s order and may not seek affirmative relief
from any part of the order).
2
William S. Graessle and Jonathan W. Graessle of William S.
Graessle, P.A., Jacksonville, for Appellant.
Stephanie A. Sussman of Bledsoe, Jacobson, Schmidt, Wright &
Sussman, Jacksonville, for Appellee.
3