HAROLD E. LANGE, PETITIONER,
v.
BILLIE CAROLA LANGE, RESPONDENT
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OVERTON, Justice.
This case is before us on petition for writ of certiorari to review a decision of the Fourth District Court of Appeal reported at 357 So. 2d 1035 (Fla. 4th DCA 1978). The district court affirmed the trial court’s judgment of dissolution which had awarded to a mentally ill wife exclusive possession of the marital home based on this special circumstance and demonstrated need. We accepted-jurisdiction 1 because the decision conflicts with Saviteer v. McAdoo, 310 So. 2d 28 (Fla. 2d DCA 1975). That conflict, however, has been resolved by our decisions in McDonald v. McDonald, 368 So. 2d 1283 (Fla.1979), and Duncan v. Duncan, 379 So. 2d 949 (Fla.1980), which expressly disapproved Saviteer. Conflict having been resolved, we deny certiorari.
It is so ordered.
ENGLAND, C. J., and ADKINS, BOYD and SUNDBERG, JJ., concur. . Art. V., § 3(b)(3), Fla.Const.
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Citator
Cited By
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Lagstrom v. Lagstrom, 662 So. 2d 756 (Fla. 4th DCA 1995)…d to stay in the home as if she were awarded a life estate in the husband’s interest in the home. If the court were concerned with providing for the wife, this may be one method. See Lange v. Lange, 357 So. 2d 1035 (Fla. 4th DCA 1978), cert. denied, 380 So. 2d 1027 (Fla.1980) (special circumstance of wife’s mental illness held to justify exclusive award). An award of exclusive use of property must be determined by the equity of the cause and the final judgment must reflect on its face the reasons for the award…
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Mosbarger v. Mosbarger, 547 So. 2d 188 (Fla. 2d DCA 1989)…is clearly manifested and professionally diagnosed, we are not inclined to believe it should be treated with less compassion. See Simzer v. Simzer, 514 So. 2d 372 (Fla. 2d DCA 1987); Lange v. Lange, 357 So. 2d 1035 (Fla. 4th DCA 1978), cert. denied, 380 So. 2d 1027 (Fla.1980). Among the factors which the trial court must consider in awarding alimony are both the physical and emotional condition of each party. § 61.08(2)(c), Fla.Stat. (1987). Upon remand, we do not compel the trial court to utilize any specifi…
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Trenton Taylor v. Taylor, 381 So. 2d 1353 (Fla. 1980)…of the case.” We find the facts in the instant case are at least as compelling as those in McDonald, and clearly justify the award of exclusive possession by the trial court. See also Lange v. Lange, 357 So. 2d 1035 (Fla. 4th DCA 1978), approved in 380 So. 2d 1027 (Fla.1980) (exclusive possession proper where wife was mentally ill and without employment prospects). The petition for writ of certiorari reflected apparent jurisdiction in this Court. We have determined that, subsequent to McDonald and Duncan, th…
Authorities Cited
- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)
- Wilmer H. McDONALD v. McDONALD, 368 So. 2d 1283 (Fla. 1979)
- Saviteer v. McADOO, 310 So. 2d 28 (Fla. 2d DCA 1975)
- Lange v. Lange, 357 So. 2d 1035 (Fla. 4th DCA 1978)