Gersten v. Gersten

District Court of Appeal of Florida

Gersten v. Gersten

433 So. 2d 57, 1983 Fla. App. LEXIS 20277

District Court of Appeal of Florida·Decided June 21, 1983·No. No. 82-2295·Published·Cited by 1 cases

Opinion

PER CURIAM.

We uphold the trial court’s rejection of the sixty-eight year old husband’s claim of a special equity in the parties’ jointly held home. Marsh v. Marsh, 419 So.2d 629 (Fla. 1982). Its $10,000 lump sum alimony award to the forty-six year old wife, who continued her employment throughout their four-year marriage and emerged with a greater net worth than before, was, however, an unjustified abuse of discretion and is therefore reversed. McDonald v. McDonald, 429 So.2d 795 (Fla. 4th DCA 1983); Protto v. Protto, 431 So.2d 671 (Fla. 3d DCA 1983).

Affirmed in part; reversed in part.

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PER CURIAM.

We uphold the trial court’s rejection of the sixty-eight year old husband’s claim of a special equity in the parties’ jointly held home. Marsh v. Marsh, 419 So.2d 629 (Fla. 1982). Its $10,000 lump sum alimony award to the forty-six year old wife, who continued her employment throughout their four-year marriage and emerged with a greater net worth than before, was, however, an unjustified abuse of discretion and is therefore reversed. McDonald v. McDonald, 429 So.2d 795 (Fla. 4th DCA 1983); Protto v. Protto, 431 So.2d 671 (Fla. 3d DCA 1983).

Affirmed in part; reversed in part.

Gersten v. Gersten, 433 So. 2d 57, 1983 Fla. App. LEXIS 20277 (Fla. Ct. App. 1983).

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Opinion

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