Fraga v. Fraga

District Court of Appeal of Florida

Fraga v. Fraga

562 So. 2d 851, 1990 Fla. App. LEXIS 4433, 1990 WL 83626

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1990

DocketNos. 88-853, 88-2200 and 88-2292

StatusPublished

Cited by2 cases

This text of 562 So. 2d 851 (Fraga v. Fraga) 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

Fraga v. Fraga, 562 So. 2d 851, 1990 Fla. App. LEXIS 4433, 1990 WL 83626 (Fla. Ct. App. 1990).

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Opinion

ON APPELLANT’S ALTERNATIVE MOTION TO RECALL OR ENFORCE MANDATE

PER CURIAM.

On remand the court simply deleted the sentence in Part V of the Amended Final Judgment which provided that it had “taken into consideration, in setting the amount of monthly alimony, tax free monies the wife will be receiving from her share of the equitable distribution of the parties’ property.” In that there will be no tax-free monies from her share of the divided property, equity requires that the $500,000 ten-year payout of Mrs. Fraga’s equitable distribution be at present value and secured by a lien against the former’s husband interest in the Douglas Medical Center.

The cause is remanded with instructions to revise the judgment accordingly.

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ON APPELLANT’S ALTERNATIVE MOTION TO RECALL OR ENFORCE MANDATE

PER CURIAM.

On remand the court simply deleted the sentence in Part V of the Amended Final Judgment which provided that it had “taken into consideration, in setting the amount of monthly alimony, tax free monies the wife will be receiving from her share of the equitable distribution of the parties’ property.” In that there will be no tax-free monies from her share of the divided property, equity requires that the $500,000 ten-year payout of Mrs. Fraga’s equitable distribution be at present value and secured by a lien against the former’s husband interest in the Douglas Medical Center.

The cause is remanded with instructions to revise the judgment accordingly.

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Bluebook (online)

562 So. 2d 851, 1990 Fla. App. LEXIS 4433, 1990 WL 83626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraga-v-fraga-fladistctapp-1990.

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