Quimbee logo
DMCA.com Protection Status

Berlinger v. Casselberry

133 So. 3d 961 (2013)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Berlinger v. Casselberry

Florida District Court of Appeal

133 So. 3d 961 (2013)

Facts

Pursuant to the divorce agreement between Bruce Berlinger (plaintiff) and Roberta Casselberry (defendant), Berlinger was to pay Casselberry $16,000 per month in lifetime alimony. The Berlinger Discretionary Trusts (the trusts) paid all Berlinger’s living and personal expenses but were subject to a spendthrift provision protecting the trust corpus from Berlinger and his creditors. Most of Berlinger’s expenses were paid directly by the trusts, and Berlinger had a credit card, fully paid by the trusts, for all other expenses. Berlinger did not work and did not have any other source of income. Several years after the divorce, Berlinger stopped paying Casselberry alimony. Shortly thereafter, Berlinger transferred his real property interests, previously held in his own name, into a new irrevocable trust without disclosing it to Casselberry. Casselberry sued for enforcement of the alimony order, and the trial court issued a writ of garnishment against the trusts for alimony arrears. Several months later, Casselberry then moved for a continuing writ of garnishment to be attached to Berlinger’s present and future distributions from any trust to satisfy her ongoing monthly alimony payments. Berlinger, along with Richard Inglis, the corporate trustee for the trusts, challenged, arguing that distributions from discretionary trusts were not subject to garnishment by any creditor, even a former spouse. The trial court issued a continuing writ of garnishment directing that all future disbursements to Berlinger be payable to Casselberry unless there were no outstanding alimony payments owed at the time of the distribution. Berlinger appealed.

Rule of Law

Issue

Holding and Reasoning (Sleet, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership