MICHAEL H. DEIS, APPELLANT,
v.
MARY KAY DEIS, APPELLEE
MICHAEL H. DEIS, APPELLANT,
MARY KAY DEIS, APPELLEE
411 So. 2d 894
Florida District Court of Appeal, Second District (1982)
Caution
Cited by 15 cases
Opinion of the Court
PER CURIAM.
The trial court’s final judgment of dissolution, among other things, makes a lump sum alimony award of the appellant’s special equity in the marital premises to appel-lee. We construe this as an obligation which shall not materialize until the marital home is either partitioned or sold following termination of the appellee’s entitlement to exclusive possession of the premises. As so construed, we affirm the final judgment.
SCHEB, C. J., and RYDER and SCHOONOVER, JJ., concur.
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Lake Placid Holding Co. v. Elissa Landi Paparone, 414 So. 2d 564 (Fla. 2d DCA 1982)…, Inc. v. Lujack Construction Co., 372 So. 2d 520 (Fla. 4th DCA 1979). A complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens. Wiggins v. Dojcsan, 411 So. 2d 894 (Fla. 2d DCA 1982) (Grimes, J., dissenting). Since there is no justification for burdening the alienability of this property, the lower court should have discharged the ¡is pendens. REVERSED and REMANDED for action consistent with this opinion. C…
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Bailey v. Hough, 441 So. 2d 614 (Fla. 1983)…cknowledged direct conflict with the Second District Court of Appeal’s decision in Kirk v. Baumann, 336 So. 2d 125 (Fla. 2d DCA 1976). After accepting jurisdiction in this case, however, we determined that the Second District, in Wiggins v. Dojcsan, 411 So. 2d 894 (Fla. 2d DCA 1982), expressly receded from its decision in Kirk. In receding from Kirk, the Second District in Wiggins adopted the view expressed by the Fourth District in Cacaro v. Swan, 394 So. 2d 538 (Fla. 4th DCA), petition dismissed, 402 So. 2d…
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Tortu v. Tortu, 430 So. 2d 531 (Fla. 4th DCA 1983)…the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens.” Lake Placid Holding Co. v. Paparone, 414 So. 2d 564, 566 (Fla. 2d DCA 1982) (citing Judge Grimes’ dissenting opinion in Wiggins v. Dojcsan, 411 So. 2d 894 (Fla. 2d DCA 1982)). The complaint in the case before us seeks to enroll a foreign judgment which, in turn, awards money damages. It does not allege a direct claim — cognizable under the law — against or upon the former-husband’s property which is b…
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