Merana Toussaint v. Jonel Toussaint

• Court: District Court of Appeal of Florida
• Decided: August 28, 2024
• Docket: 2023-0812
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 28, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0812 Lower Tribunal No. 16-15-FC-04 ________________

Merana Toussaint, Appellant,

vs.

Jonel Toussaint, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Marcia Del Rey, Judge.

Law Offices of James Jean-Francois, P.A., and James Jean-Francois (Hollywood), for appellant.

Marro Law, P.A., and Meaghan K. Marro, (Plantation), for appellee.

Before LOGUE, C.J., and GORDO and LOBREE, JJ.

PER CURIAM.

Affirmed. § 61.077, Fla. Stat. (2024); Sell v. Sell, 949 So. 2d 1108,

1112 (Fla. 3d DCA 2007) (noting that the homestead character of a marital home does not bar the distribution or partition of the home between spouses

(citing Partridge v. Partridge, 912 So. 2d 649, 650 (Fla. 4th DCA 2005)));

Ortiz v. Ortiz, 315 So. 3d 149, 152 (Fla. 2d DCA 2021) (“The marital home,

like any other marital asset, is subject to equitable distribution.”); Sharon v.

Sharon, 862 So. 2d 789, 791 (Fla. 2d DCA 2003) (“[A]llocating the marital

home . . . as part of the plan of equitable distribution falls within the scope of

the trial court's broad discretion[.]”).