TOMMIE GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1988-06-08
No. 87-1302
SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.
525 So. 2d 1037 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order denying appellant’s rule 3.850 motion is reversed and the cause is remanded with directions to attach those portions of the record supporting denial of the motion or to grant appellant an evidentiary hearing.

SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.


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  • Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992)
    …e, on this record, a contribution of funds from a source unconnected with the marriage or of services over and above normal marital duties, but rather is more properly characterized as a contribution towards marital expenses. See Guarine v. Guarine, 525 So. 2d 1037 (Fla. 4th DCA 1988); Hottman v. Hottman, 418 So. 2d 304 (Fla. 4th DCA 1982). Her payments toward the mortgage on the property does, however, give rise to a marital interest in the property that is subject to equitable distribution. Second, the eval…
  • Harden v. State, 528 So. 2d 544 (Fla. 1st DCA 1988)
    …appellant is entitled to no relief. We decline the state’s request, finding the proper procedure in such cases is to reverse and remand with directions to comply with the requirements of Florida Rule of Criminal Procedure 3.850. See Green v. State, 525 So. 2d 1037 (Fla. 1st DCA 1988); Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988); Knight v. State, 517 So. 2d 87 (Fla. 1st DCA 1987); House v. State, 511 So. 2d 724 (Fla. 1st DCA 1987); Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987). Accordingly, we r…
  • Wallace v. Wallace, 922 So. 2d 1008 (Fla. 1st DCA 2006)
    …a special equity because the wife’s contribution of marital funds towards the payment of the mortgage did not constitute a contribution of funds unconnected with the marriage or of services over and above normal marital duties); Guarine v. Guarine, 525 So. 2d 1037, 1037 (Fla. 4th DCA 1988) (reversing the wife’s special equity award in a home owned by the husband and his mother because the wife’s contribution to mortgage payments during the marriage did not constitute a contribution over and above normal marit…

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