Barbara Ann McMahon - Page 7




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          Florida court would decide it.  See Commissioner v. Estate of               
          Bosch, 387 U.S. 456, 465 (1967).  In the absence of a decision by           
          the highest court, we must apply what we “find to be the state              
          law, after giving ‘proper regard’ to relevant rulings of other              
          courts of the State.”  Id.                                                  
               With respect to permanent periodic alimony, it is clear                
          under Florida law that a payor’s obligation to make payments                
          ceases upon the death of the payee.  See Canakaris v. Canakaris,            
          382 So.2d 1197, 1202 (Fla. 1980).  In our review of Florida law             
          we have found no case in which the Supreme Court of Florida                 
          directly held that the obligation to pay support under a                    
          temporary order likewise ceases upon the death of the payee.  We            
          are convinced, however, that the court would find that the                  
          general rule applicable to permanent periodic alimony also                  
          applies to temporary support.                                               
               There is no compelling distinction--between permanent                  
          periodic alimony and support awarded under a temporary decree--             
          which would cause the former, but not the latter, to cease upon             
          the payee spouse’s death.  On the contrary, the temporary nature            
          of the order suggests that the payments would not have survived             
          petitioner.  The District Court of Appeal of Florida, Fourth                
          District, relied upon this point when it recently addressed a               
          similar issue in Faile v. Fleming, 763 So.2d 459 (Fla. Dist. Ct.            
          App. 2000).  In that case, the court found that an award of                 






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