Dix v. Dix

District Court of Appeal of Florida

Dix v. Dix

400 So. 2d 1294, 1981 Fla. App. LEXIS 20428

CourtDistrict Court of Appeal of Florida

DecidedJuly 1, 1981

DocketNo. 80-719

StatusPublished

Cited by3 cases

This text of 400 So. 2d 1294 (Dix v. Dix) 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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Dix v. Dix, 400 So. 2d 1294, 1981 Fla. App. LEXIS 20428 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

AFFIRMED. We think the evidence, although in conflict, was sufficient to sustain the trial court’s finding that the wife was entitled to a special equity in the marital homeplace. Cf. Landay v. Landay, 400 So.2d 43 (Fla. 2d DCA 1981) and Weiss v. Weiss, 390 So.2d 1236 (Fla. 4th DCA 1980). In so doing, we reject the appellant’s contention that such special equity must be proven to exist “beyond a reasonable doubt” and we recede from any statements to that effect contained in our opinion in Hanzelik v. Hanzelik, 294 So.2d 116 (Fla. 4th DCA 1974). See Abbott v. Abbott, 297 So.2d 608 (Fla. 2d DCA 1974); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); and Duncan v. Duncan, 356 So.2d 28 (Fla. 1st DCA 1978).

ANSTEAD, MOORE and GLICKSTEIN, JJ., concur.

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PER CURIAM.

AFFIRMED. We think the evidence, although in conflict, was sufficient to sustain the trial court’s finding that the wife was entitled to a special equity in the marital homeplace. Cf. Landay v. Landay, 400 So.2d 43 (Fla. 2d DCA 1981) and Weiss v. Weiss, 390 So.2d 1236 (Fla. 4th DCA 1980). In so doing, we reject the appellant’s contention that such special equity must be proven to exist “beyond a reasonable doubt” and we recede from any statements to that effect contained in our opinion in Hanzelik v. Hanzelik, 294 So.2d 116 (Fla. 4th DCA 1974). See Abbott v. Abbott, 297 So.2d 608 (Fla. 2d DCA 1974); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); and Duncan v. Duncan, 356 So.2d 28 (Fla. 1st DCA 1978).

ANSTEAD, MOORE and GLICKSTEIN, JJ., concur.

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400 So. 2d 1294, 1981 Fla. App. LEXIS 20428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dix-v-dix-fladistctapp-1981.

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