Yeary v. Yeary

District Court of Appeal of Florida

Yeary v. Yeary

658 So. 2d 680, 1995 Fla. App. LEXIS 8686, 1995 WL 481030

CourtDistrict Court of Appeal of Florida

DecidedAugust 16, 1995

DocketNo. 93-2794

StatusPublished

This text of 658 So. 2d 680 (Yeary v. Yeary) 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

Yeary v. Yeary, 658 So. 2d 680, 1995 Fla. App. LEXIS 8686, 1995 WL 481030 (Fla. Ct. App. 1995).

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Opinion

FARMER, Judge.

We find no error in the final order in these post judgment proceedings, except for the following particulars. The former husband was improperly denied a credit for mortgage interest payments he actually paid on behalf of his former spouse on the marital house. Kelly v. Kelly, 583 So.2d 667 (Fla.1991); Iodice v. Scoville, 460 So.2d 576 (Fla. 4th DCA 1984); and Guthrie v. Guthrie, 315 So.2d 498 (Fla. 4th DCA 1975). We also reverse the interest ordered on the rental payments. Rather than awarding interest on the lump sum of rent charged to the former husband for his use of the house, we direct the court on remand to adjust the amount so that interest is calculated on each rental payment [681]*681as it theoretically became due. In all other respects the final order is affirmed.

STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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FARMER, Judge.

We find no error in the final order in these post judgment proceedings, except for the following particulars. The former husband was improperly denied a credit for mortgage interest payments he actually paid on behalf of his former spouse on the marital house. Kelly v. Kelly, 583 So.2d 667 (Fla.1991); Iodice v. Scoville, 460 So.2d 576 (Fla. 4th DCA 1984); and Guthrie v. Guthrie, 315 So.2d 498 (Fla. 4th DCA 1975). We also reverse the interest ordered on the rental payments. Rather than awarding interest on the lump sum of rent charged to the former husband for his use of the house, we direct the court on remand to adjust the amount so that interest is calculated on each rental payment [681]*681as it theoretically became due. In all other respects the final order is affirmed.

STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

658 So. 2d 680, 1995 Fla. App. LEXIS 8686, 1995 WL 481030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yeary-v-yeary-fladistctapp-1995.

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