Mendonsa v. Mendonsa

District Court of Appeal of Florida

Mendonsa v. Mendonsa

479 So. 2d 306, 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 17261

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1985

DocketNo. 85-487

StatusPublished

Cited by3 cases

This text of 479 So. 2d 306 (Mendonsa v. Mendonsa) 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

Mendonsa v. Mendonsa, 479 So. 2d 306, 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 17261 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We vacate the award to the husband of the exclusive possession of the parties’ jointly owned home because of the lack of an evidentiary basis to support such award. Duncan v. Duncan, 379 So.2d 949 (Fla.1980). Upon remand, the court shall determine a reasonable monthly rental for the wife’s one-half interest in the home to be paid by the husband to her for all periods of time since the final judgment he has lived or continues to live in the home.

In view of the equitable distribution of the parties’ assets, we cannot say that the court abused its discretion in refusing to award alimony to the wife. However, considering the wife's health and absence of earning potential, we amend the final judgment to include a reservation of jurisdiction which will permit the court at any future time to award alimony to the wife which may be dictated by changes in the circumstances of the parties. See Smith v. Smith, 406 So.2d 71 (Fla. 2d DCA 1981); Melton v. Melton, 251 So.2d 705 (Fla. 1st DCA 1971).

In all other respects, the judgment is affirmed.

GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.

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PER CURIAM.

We vacate the award to the husband of the exclusive possession of the parties’ jointly owned home because of the lack of an evidentiary basis to support such award. Duncan v. Duncan, 379 So.2d 949 (Fla.1980). Upon remand, the court shall determine a reasonable monthly rental for the wife’s one-half interest in the home to be paid by the husband to her for all periods of time since the final judgment he has lived or continues to live in the home.

In view of the equitable distribution of the parties’ assets, we cannot say that the court abused its discretion in refusing to award alimony to the wife. However, considering the wife's health and absence of earning potential, we amend the final judgment to include a reservation of jurisdiction which will permit the court at any future time to award alimony to the wife which may be dictated by changes in the circumstances of the parties. See Smith v. Smith, 406 So.2d 71 (Fla. 2d DCA 1981); Melton v. Melton, 251 So.2d 705 (Fla. 1st DCA 1971).

In all other respects, the judgment is affirmed.

GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.

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479 So. 2d 306, 10 Fla. L. Weekly 2756, 1985 Fla. App. LEXIS 17261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendonsa-v-mendonsa-fladistctapp-1985.

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