Cowen v. Cowen

District Court of Appeal of Florida

Cowen v. Cowen

600 So. 2d 39, 1992 Fla. App. LEXIS 6223, 1992 WL 123450

CourtDistrict Court of Appeal of Florida

DecidedJune 10, 1992

DocketNo. 91-0446

StatusPublished

Cited by1 cases

This text of 600 So. 2d 39 (Cowen v. Cowen) 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.

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Cowen v. Cowen, 600 So. 2d 39, 1992 Fla. App. LEXIS 6223, 1992 WL 123450 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant has failed to demonstrate error in any of the points raised in this appeal. We find merit, however, in appellant’s argument that the trial court’s use of present dollar amounts in its formula for distribution of the proceeds from the sale of the marital home creates an ambiguity in the final judgment. The values set forth in the amended final judgment presumably will not be the same when the marital home is sold. The parties agree, based on the assumption that both parties will fulfill their obligations under the amended final judgment, that the proceeds from the sale of the marital home should be divided 75% to appellant and 25% to appellee.

Accordingly, we affirm the amended final judgment in all respects but remand this case to the trial court with instructions to delete the dollar amounts set forth in the formula for distribution of the net proceeds which may be derived from the sale of the marital home.

AFFIRMED, but REMANDED.

HERSEY, DELL and STONE, JJ., concur.

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PER CURIAM.

Appellant has failed to demonstrate error in any of the points raised in this appeal. We find merit, however, in appellant’s argument that the trial court’s use of present dollar amounts in its formula for distribution of the proceeds from the sale of the marital home creates an ambiguity in the final judgment. The values set forth in the amended final judgment presumably will not be the same when the marital home is sold. The parties agree, based on the assumption that both parties will fulfill their obligations under the amended final judgment, that the proceeds from the sale of the marital home should be divided 75% to appellant and 25% to appellee.

Accordingly, we affirm the amended final judgment in all respects but remand this case to the trial court with instructions to delete the dollar amounts set forth in the formula for distribution of the net proceeds which may be derived from the sale of the marital home.

AFFIRMED, but REMANDED.

HERSEY, DELL and STONE, JJ., concur.

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600 So. 2d 39, 1992 Fla. App. LEXIS 6223, 1992 WL 123450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowen-v-cowen-fladistctapp-1992.

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