LILLIAN G. MENDONSA, APPELLANT,
v.
ABEL J. MENDONSA, APPELLEE
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PER CURIAM.
We vacate the award to the husband of the exclusive possession of the parties’ jointly owned home because of the lack of an evidentiary basis to support such award. Duncan v. Duncan, 379 So. 2d 949 (Fla.1980). Upon remand, the court shall determine a reasonable monthly rental for the wife’s one-half interest in the home to be paid by the husband to her for all periods of time since the final judgment he has lived or continues to live in the home.
In view of the equitable distribution of the parties’ assets, we cannot say that the court abused its discretion in refusing to award alimony to the wife. However, considering the wife's health and absence of earning potential, we amend the final judgment to include a reservation of jurisdiction which will permit the court at any future time to award alimony to the wife which may be dictated by changes in the circumstances of the parties. See Smith v. Smith, 406 So. 2d 71 (Fla. 2d DCA 1981); Melton v. Melton, 251 So. 2d 705 (Fla. 1st DCA 1971).
In all other respects, the judgment is affirmed.
GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
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Pirino v. Pirino, 549 So. 2d 219 (Fla. 5th DCA 1989)…r are they correct as a matter of law. The value of the property apportioned to the wife may be considered in awarding alimony. See Marston v. Marston, 484 So. 2d 32 (Fla. 2d DCA 1986), rev. denied, 494 So. 2d 1151 (Fla.1986), Mendonsa v. Mendonsa, 479 So. 2d 306 (Fla. 2d DCA 1985), Murphy v. Murphy, 475 So. 2d 1253 (Fla. 5th DCA 1985) and Reback v. Reback, 296 So. 2d 541 (Fla. 3d DCA 1974) cert. denied, 312 So. 2d 737 (Fla.1975). Additionally, both parties’ earning abilities are among the factors which shou…
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Blore v. Fierro, 636 So. 2d 1329 (Fla. 1994)…urt order that suppressed the results of Blore’s breath test. The district court acknowledged that the Second District Court of Appeal had come to a contrary conclusion in State v. Gemignani, 545 So. 2d 929 (Fla. 2d DCA 1989), and State v. Townsend, 479 So. 2d 306 (Fla. 2d DCA 1985), and certified conflict. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we hold that a breathalyzer test is a “search” within the meaning of rule 9.140(e)(1)(B) and approve the district court’s co…
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Nash v. Nash, 526 So. 2d 764 (Fla. 1st DCA 1988)…odic alimony to the wife in light of the wife’s limited earning potential, the promising career prospects of the husband and the long term nature of the marriage. See Melton v. Melton, 251 So. 2d 705 (Fla. 1st DCA 1971). Accord Mendonsa v. Mendonsa, 479 So. 2d 306 (Fla. 2d DCA 1985); Evans v. Evans, 337 So. 2d 998 (Fla. 4th DCA 1976). We affirm that portion of the final judgment of dissolution making each party responsible for their own attorney’s fees and costs in that the record reflects that both spouses…
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- Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)
- Melton v. Melton, 251 So. 2d 705 (Fla. 1st DCA 1971)
- Smith v. Smith, 406 So. 2d 71 (Fla. 2d DCA 1981)