Napier v. Napier

District Court of Appeal of Florida

Napier v. Napier

600 So. 2d 48, 1992 Fla. App. LEXIS 7732, 1992 WL 147149

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1992

DocketNo. 92-180

StatusPublished

This text of 600 So. 2d 48 (Napier v. Napier) 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

Napier v. Napier, 600 So. 2d 48, 1992 Fla. App. LEXIS 7732, 1992 WL 147149 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Of the several issues raised by the former wife in this appeal from the financial aspects of a dissolution judgment, we find merit only in the claim that the trial court improperly directed that her $13,000 special equity be paid “off the top” of the proceeds of the sale of the parties’ jointly held home. In order to effectuate the allowance of the full amount awarded, the $13,000 must instead be taken from the husband’s share. See Landay v. Landay, 429 So.2d 1197 [49]*49(Fla.1983); Smith v. Smith, 532 So.2d 1297 (Fla. 4th DCA 1988).

No other harmful error is presented. See Roffe v. Roffe, 404 So.2d 1095, 1097 (Fla. 3d DCA 1981).

Affirmed as modified.

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PER CURIAM.

Of the several issues raised by the former wife in this appeal from the financial aspects of a dissolution judgment, we find merit only in the claim that the trial court improperly directed that her $13,000 special equity be paid “off the top” of the proceeds of the sale of the parties’ jointly held home. In order to effectuate the allowance of the full amount awarded, the $13,000 must instead be taken from the husband’s share. See Landay v. Landay, 429 So.2d 1197 [49]*49(Fla.1983); Smith v. Smith, 532 So.2d 1297 (Fla. 4th DCA 1988).

No other harmful error is presented. See Roffe v. Roffe, 404 So.2d 1095, 1097 (Fla. 3d DCA 1981).

Affirmed as modified.

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Bluebook (online)

600 So. 2d 48, 1992 Fla. App. LEXIS 7732, 1992 WL 147149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napier-v-napier-fladistctapp-1992.

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