Barry v. Barry

District Court of Appeal of Florida

Barry v. Barry

480 So. 2d 671, 10 Fla. L. Weekly 2670, 1985 Fla. App. LEXIS 17161

CourtDistrict Court of Appeal of Florida

DecidedDecember 5, 1985

DocketNo. 84-1097

StatusPublished

This text of 480 So. 2d 671 (Barry v. Barry) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barry v. Barry, 480 So. 2d 671, 10 Fla. L. Weekly 2670, 1985 Fla. App. LEXIS 17161 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

This case has been considered en banc because it sought to raise a question of exceptional importance: whether a pension earned during the course of a marriage should be treated as a marital asset for purposes of “equitable distribution.”¹ Upon review of the record in this case, where each party has a vested pension and the trial court has retained jurisdiction, we have concluded that the trial judge’s determination was reasonable and must be af[672]*672firmed, pursuant to the Canakaris test,² irrespective of the answer to the foregoing question.

AFFIRMED.

COBB, C.J., DAUKSCH, ORFINGER, FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.

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PER CURIAM.

This case has been considered en banc because it sought to raise a question of exceptional importance: whether a pension earned during the course of a marriage should be treated as a marital asset for purposes of “equitable distribution.”¹ Upon review of the record in this case, where each party has a vested pension and the trial court has retained jurisdiction, we have concluded that the trial judge’s determination was reasonable and must be af[672]*672firmed, pursuant to the Canakaris test,² irrespective of the answer to the foregoing question.

AFFIRMED.

COBB, C.J., DAUKSCH, ORFINGER, FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.

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Bluebook (online)

480 So. 2d 671, 10 Fla. L. Weekly 2670, 1985 Fla. App. LEXIS 17161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-barry-fladistctapp-1985.

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