Dewey v. Dewey

District Court of Appeal of Florida

Dewey v. Dewey

436 So. 2d 283, 1983 Fla. App. LEXIS 22676

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1983

DocketNo. 82-1276

StatusPublished

Cited by1 cases

This text of 436 So. 2d 283 (Dewey v. Dewey) 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

Dewey v. Dewey, 436 So. 2d 283, 1983 Fla. App. LEXIS 22676 (Fla. Ct. App. 1983).

Pincite

Opinions

DAUKSCH, Judge.

This is an appeal in a marriage dissolution case. We affirm the judgment in all respects except failure to grant the prayer for special equity in the marital home. It is clear from the evidence that funds unconnected with the marriage were used to purchase the home. The cross-appellant (husband) sold his separately owned house and commercial building in Wisconsin and applied the money to the purchase of the Florida home which was jointly owned. Under those circumstances the husband is entitled to a special equity in the property. Weiss v. Weiss, 390 So.2d 1236 (Fla. 4th DCA 1980). The judgment is affirmed in all respects except the paragraph which denies the husband his special equity, which paragraph is reversed, and this cause is remanded for determination of that special equity and judgment thereon.

AFFIRMED in part REVERSED in part and REMANDED.

COBB, J., concurs. SHARP, J., concurs in part, dissents in part with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

DAUKSCH, Judge.

This is an appeal in a marriage dissolution case. We affirm the judgment in all respects except failure to grant the prayer for special equity in the marital home. It is clear from the evidence that funds unconnected with the marriage were used to purchase the home. The cross-appellant (husband) sold his separately owned house and commercial building in Wisconsin and applied the money to the purchase of the Florida home which was jointly owned. Under those circumstances the husband is entitled to a special equity in the property. Weiss v. Weiss, 390 So.2d 1236 (Fla. 4th DCA 1980). The judgment is affirmed in all respects except the paragraph which denies the husband his special equity, which paragraph is reversed, and this cause is remanded for determination of that special equity and judgment thereon.

AFFIRMED in part REVERSED in part and REMANDED.

COBB, J., concurs. SHARP, J., concurs in part, dissents in part with opinion.

Cite This Page — Counsel Stack

Bluebook (online)

436 So. 2d 283, 1983 Fla. App. LEXIS 22676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dewey-v-dewey-fladistctapp-1983.

Opinions

Related

Cite This Page — Counsel Stack