GERALD E. COWEN, APPELLANT,
v.
LINDA COWEN, APPELLEE

Fla. 4th DCA | 1992-06-10
No. 91-0446
HERSEY, DELL and STONE, JJ., concur.
600 So. 2d 39 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant has failed to demonstrate error in any of the points raised in this appeal. We find merit, however, in appellant’s argument that the trial court’s use of present dollar amounts in its formula for distribution of the proceeds from the sale of the marital home creates an ambiguity in the final judgment. The values set forth in the amended final judgment presumably will not be the same when the marital home is sold. The parties agree, based on the assumption that both parties will fulfill their obligations under the amended final judgment, that the proceeds from the sale of the marital home should be divided 75% to appellant and 25% to appellee.

Accordingly, we affirm the amended final judgment in all respects but remand this case to the trial court with instructions to delete the dollar amounts set forth in the formula for distribution of the net proceeds which may be derived from the sale of the marital home.

AFFIRMED, but REMANDED.

HERSEY, DELL and STONE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dario Mazzei v. Mazzei, 639 So. 2d 628 (Fla. 3d DCA 1994)
    …i and Dario Mazzei, dissolving the parties’ marriage. • However, finding the final judgment is ambiguous and contradictory, we reverse the balance of that order and the fees award subsequently entered, and remand for reconsideration. Cowen v. Cowen, 600 So. 2d 39 (Fla. 4th DCA 1992). On one hand, in the final judgment, the trial judge found the parties’ postnuptial settlement agreement “valid and clear on its face.” On the other hand, in that judgment, the trial judge ordered a distribution of assets clearly…

Full citator, related cases, and AI research tools

Open in FLexlaw