- April 19, 2024
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WHAT YOU MIGHT NOT HAVE KNOWN ABOUT CANAKARIS
+ Canakaris’ legacy also must include the landmark Supreme Court case
Dear Editor:
In reading your article on Dr. John Canakaris last Saturday, I couldn’t help but think that any article discussing his legacy is incomplete without mentioning a contribution which has unquestionably affected more lives in the state of Florida than even the ones he has directly, or indirectly affected through his health care work and benevolence here in Flagler County.
A little known fact to those who don’t practice family law is that Dr. Canakaris was the appellant in a watershed, landmark case in Florida’s case law. His appeal brought the case Canakaris v. Canakaris to the Supreme Court of Florida in 1980.
John Canakaris and Elaine P. Canakaris were married in 1943. At the time, Elaine was 17 and John Canakaris was 21 and in medical school. In 1976, after 33 years of marriage, the couple filed for divorce.
Flagler County Circuit Judge J.P. Nelson awarded a “lump sum” to Elaine, as alimony ostensibly, but in actuality for the purpose of equitably balancing a distribution of the marital property. Iterations of this principle had existed before (known as “alimony in gross”) but it was necessary to find that the spouse had “special equity” in the property. The Supreme Court clarified what is now the current doctrine of lump sum alimony, and established the principle that lump sum alimony could be awarded as a part of equitable distribution; abolishing the requirement of a finding of “special equity” for the receiving spouse.
More importantly, the case established the foundational analysis factors for the equitable distribution of marital property which all trial judges in Florida have followed and applied to tens of thousands of cases over the last 32 years, and most likely will be a permanent part of Florida’s family case law.
Marc Dwyer
Family law partner
Law Offices of Chiumento Selis Dwyer
+ Local sidewalks exempify all governments’ addiction to spending; it’s all our money!
Dear Editor:
I was going to compliment the people who recently wrote opinions about our government wasting our tax dollars. Everywhere I go I hear average taxpayers complaining about the unnecessary sidewalks, trees, median weeds etc. that actually destroy the natural beauty of our roadways, but few speak out. I then read Saturday’s front page propaganda article by government employees, with vested interests, presenting their case to the “sheeple.”
They say it is not our tax money. It is federal and state tax money, and if we didn’t take it someone else would. Unfortunately too many fiscally irresponsible elected officials think like this. That is why we have over $16 trillion dollars in federal debt, and our state is now trying to fix our state deficit.
They said in the last three years Palm Coast alone has spent $6 million dollars on these projects, but $5 million was grant money. It is all our money, and it takes all our local money to maintain those projects forever.
The paper reported, on Wednesday, a $1,522,285 permit was issued for a multiuse path on Pine Lakes Parkway. In the same issue it says the taxpayers have to come up with $2.35 million more to fill a gap in the stormwater fund.
Where are their priorities? Remember when some of our leaders lobbied to change the way stormwater rates were charged to protect builders and developers who had undeveloped property? They said it would help the local economy. Remember when they also convinced the city and lobbied the county to stop builders from paying impact fees? They said it would bring more new homes to Flagler, and help the local economy. All those costs are added to the average taxpayers’ bills.
Has anyone noticed that our taxes have skyrocketed in the last four years? My millage rate was 15.49 per thousand in 2008. It is now 21.34. How much have our leaders’ actions helped our local economy? Who do you really think they are trying to help?
People used to move to Flagler County because of its natural beauty, and the tax rate was low. They certainly no longer have that incentive.
Voters have to start becoming better informed. They keep reelecting the same people. Elected leaders should make things more efficient and less costly for the taxpayers. When our taxes keep going up, and things we actually need are still unfunded, don’t believe their excuses. Don’t believe their hype of how wonderful their unnecessary projects are, and that everybody wants them. They don’t! Vote for leaders with common sense, and vote the special interest spenders out.
Jean Sbertoli
Flagler
+ Sidewalks in Flagler County cost money to maintain, too
Dear Editor:
Carl Cote and Craig Coffey would like the taxpayers of Palm Coast and Flagler County to believe that the only cost of a trail or sidewalk is building it. But, once built, those trails and sidewalks require maintenance and upkeep.
I can understand why some taxpayers are frustrated: The only cost that ever seems to be discussed is the upfront cost of construction.
Trails and sidewalks don’t maintain or replace themselves.
Sean O’Brien
Palm Coast
