THELMA M. BALLANCE, APPELLANT/CROSS-APPELLEE,
v.
WILLIAM K. BALLANCE, APPELLEE/CROSS-APPELLANT
THELMA M. BALLANCE, APPELLANT/CROSS-APPELLEE,
WILLIAM K. BALLANCE, APPELLEE/CROSS-APPELLANT
404 So. 2d 400
Florida District Court of Appeal, Fifth District (1981)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
ORFINGER and COWART, JJ., concur.
DAUKSCH, C. J., dissents with opinion.
Dissent
DAUKSCH, Chief Judge,
dissenting:
I respectfully dissent. In my opinion the trial court erred in awarding a special equity in the marital residence to the wife. The court awarded “the husband’s interest in a jointly owned marital residence located . .., because the wife has established by clear and convincing evidence a special equity in and to the husband’s interest in said marital residence by reason of her contributions and services during their thirty-seven (37) year marriage.” To me this provision of the final judgment violates the rule laid out in Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980) and Duncan v. Duncan, 379 So. 2d 949 (Fla.1980). Perhaps the award would have been properly made as lump-sum alimony but it was not denominated such and I cannot change the award from one to the other merely because the evidence might support it. But see Duncan.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982)…l was based on similar questioning. In those cases the juveniles not only were not advised of the right to remain silent, but they were not advised of their right to counsel and were not represented by counsel at the hearings. See C. G. H. v. State, 404 So. 2d 400 (Fla. 5th DCA 1981), R. V. P. v. State, 395 So. 2d 291 (Fla. 5th DCA 1981). AFFIRMED in part, REVERSED in part and REMANDED for entry of an order complying with Chapter 39, Florida Statutes. BOOTH and SHIVERS, JJ., concur.…
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K.M. v. State, 448 So. 2d 1124 (Fla. 2d DCA 1984)…that he did not enter such a plea. . The colloquy does not clearly indicate K.M., as opposed to his codefendant, actually waived his right to counsel. A juvenile’s waiver of counsel must be of record. Fla.R.Juv.P. 8.290(d)(4). See C.G.H. v. State, 404 So. 2d 400 (Fla. 5th DCA 1981). Because of our holding, however, we need not base our decision on this apparent procedural deficiency.…
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J. B. v. State, 418 So. 2d 423 (Fla. 1st DCA 1982)…time prior to the disposition hearing so that they would have a meaningful opportunity to confront the information contained in the report. See Fla.R.Juv.P. 8.200(b). See also S. C. H. v. State, 404 So. 2d 811 (Fla. 1st DCA 1981); C. G. H. v. State, 404 So. 2d 400 (Fla. 5th DCA 1981); R. V. P. v. State, 395 So. 2d 291 (Fla. 5th DCA 1981). The order of commitment is VACATED and the case is REMANDED for proceedings consistent with this opinion. McCORD and ERVIN, JJ., concur.…
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- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)