LARRY GENE MERIDITH, PETITIONER,
v.
DEBBIE EWING MERIDITH, RESPONDENT
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The court held that a marital home held as a tenancy by the entireties cannot be awarded as lump sum alimony upon dissolution without a positive showing of necessity.
In a prior case, a marital home owned as a tenancy by the entireties was awarded to the wife as lump sum alimony upon dissolution. The appellate court…
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PER CURIAM.
We have jurisdiction of this cause because the decision of the District Court, Meridith v. Meridith, 352 So. 2d 72 (Fla. 4th DCA 1977) conflicts with Cummings v. Cummings, 330 So. 2d 134 (Fla.1976), among other cases. Article Y, Section 3(b)(3), Florida Constitution.
In Cummings the parties in a marriage dissolution proceeding owned their home as a tenancy by the entireties. Upon dissolution the usual course would have been for the parties to hold the home as tenants in common. Section 689.15, Florida Statutes (1975). Instead, the court awarded the marital home to the wife as lump sum alimony and the District Court affirmed. We quashed the affirmance because there was no positive showing of necessity on the wife’s part. As was stated in Judge Dow-ney’s dissent, there was no such showing to support the award to the wife of the marital home, held jointly by the parties, in this case, either.'
The decision of the District Court is quashed and the dissenting opinion of Judge Downey is adopted as the decision of this Court. The cause is remanded with directions to enter the mandate suggested by Judge Downey.
It is so ordered.
ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. ENGLAND, C. J., and OVERTON and ALDERMAN, JJ., dissent.
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Simpson v. Frieda L. Simpson, 372 So. 2d 526 (Fla. 4th DCA 1979)…of additional evidence, it may do so. In all other respects the judgment appealed from is affirmed. AFFIRMED IN PART; REVERSED IN PART, and remanded with directions. LETTS, J., concurs. DAUKSCH, J., dissents with opinion. . Meredith v. Meredith, 366 So. 2d 425, Florida Supreme Court 1978; Cummings v. Cummings, 330 So. 2d 134 (Fla.1976); Yandell v. Yandell, 39 So. 2d 554 (Fla. 1949); Lee v. Lee, 365 So. 2d 742 (Fla. 4th DCA 1978).…
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Creel v. Creel, 378 So. 2d 1251 (Fla. 3d DCA 1979)…4] SCHWARTZ, Judge (concurring in part, dissenting in part). In my view, the record does not justify the award as lump sum alimony of the husband’s interest in the marital home, which was the primary asset of the parties. See Meridith v. Meridith, 366 So. 2d 425 (Fla.1978); Cummings v. Cummings, 330 So. 2d 134 (Fla.1976); Griffith v. Griffith, 376 So. 2d 418 (Fla.3d DCA 1979); Fraser v. Fraser, 368 So. 2d 97 (Fla.3d DCA 1979). I would therefore reverse that provision of the final judgment and remand the cau…
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In re Est. OF Luis Joaquin Nicole Santos v. Nicole-Sauri, 648 So. 2d 277 (Fla. 4th DCA 1995)…rto Rico does not affect the outcome of this “conflicts of law” issue. See Quintana v. Ordono, 195 So. 2d 577 (Fla. 3d DCA 1967), cert. discharged, 202 So. 2d 178 (Fla.1967); In re Siegel’s Estate, 350 So. 2d 89 (Fla. 4th DCA 1977), writ discharged, 366 So. 2d 425 (Fla. 1978).5 The Quintana Court held that the law of the situs controls the property within its borders, but “one spouse’s interests in movables acquired by the other during the marriage are determined by the law of the domicile of the parties when…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cummings v. Cummings, 330 So. 2d 134 (Fla. 1976)
- Meridith v. Meridith, 352 So. 2d 72 (Fla. 4th DCA 1977)