JAMES R. MCATEE, APPELLANT,
v.
JO ANNE MCATEE, APPELLEE

Fla. 1st DCA | 1991-08-30
No. 90-3767
WIGGINTON and ZEHMER, JJ., concur.
585 So. 2d 424 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 4 cases

Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

Appellant, James R. McAtee, appeals a final judgment of dissolution of marriage, in which the trial court made a distribution of marital assets, and ordered appellant to pay child support as well as one half of wife’s attorney’s fees. Upon careful review of the record, we find twelve of the thirteen points raised on appeal by appellant to be without merit, and to provide no basis for reversal.

With regard to the remaining point, appellee concedes, and we agree, that the trial court erred in granting a prepaid college fund to the parties’ two minor children. We therefore reverse and remand on that point only, for the trial court to determine which party should be made trustee of the fund.

AFFIRMED in part; REVERSED and REMANDED.

WIGGINTON and ZEHMER, JJ., concur.


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  • Deran Mosely v. State, 688 So. 2d 999 (Fla. 2d DCA 1997)
    …nformation properly pleads the necessary elements of the offense. B.H. v. State, 645 So. 2d 987 (Fla.1994), cert, denied, — U.S. —, 115 S.Ct. 2559, 132 L.Ed.2d 812 (1995); Danzy v. State, 603 So. 2d 1320 (Fla. 1st DCA 1992). See also Janes v. State, 585 So. 2d 424 (Fla. 1st DCA 1991). Here, the information references a violation of section 810.02(3), Florida Statutes (1993), rather than section 810.02(2)(a). The state correctly points out, however, that the other language in the information alleges all the ne…
  • Danzy v. State, 603 So. 2d 1320 (Fla. 1st DCA 1992)
    …lege all the elements of an offense, such allegations of fact will ordinarily control over an erroneous reference to a statute, so that the reference to section 944.40 in the instant case should be treated as a scrivener’s error. See Janes v. State, 585 So. 2d 424, 425 (Fla. 1st DCA 1991) (where count of information charged conspiracy to traffic cocaine but cited section 893.13 as authority therefor rather than section 893.135(l)(b), which was applicable statute, statutory citation was scrivener’s error given…
  • Troyer v. State, 610 So. 2d 530 (Fla. 2d DCA 1992)
    …ignated in the information heading and the crime depicted in the body of the instrument, the offense described in the body is the one with which the defendant is charged. Keesee v. State, 204 So. 2d 925 (Fla. 4th DCA 1967); see also, Janes v. State, 585 So. 2d 424 (Fla. 1st DCA 1991). Troyer’s conduct, although perhaps prohibited by some other statute, is neither condemned by section 319.33, nor described in the main portion of the information. Although Troyer did not raise the error either at trial or on app…

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