LARRY OWEN SPEIGNER, APPELLANT,
v.
GWENDOLYN SPEIGNER, APPELLEE
LARRY OWEN SPEIGNER, APPELLANT,
GWENDOLYN SPEIGNER, APPELLEE
644 So. 2d 1035
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant challenges portions of a final judgment of dissolution of marriage. We find no error except as to the distribution of the appellant’s profit sharing plan. The parties, who were married in May 1969 and divorced in April 1980, were remarried in July 1981. On remand, the court should treat only that portion of the profit sharing plan accumulated during the parties’ second marriage as marital property. We accordingly reverse that portion of the final judgment which distributes the marital assets, and we remand this case for redistribution of the marital assets in accordance with this opinion. The final judgment is in all other respects affirmed.
ALLEN, WEBSTER and DAVIS, JJ., concur.
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Summer L. Herring, Jr. v. Herring, 666 So. 2d 927 (Fla. 1st DCA 1995)…has not been pled or tried. Vadala v. Vadala, 556 So. 2d 438, 439 (Fla. 4th DCA 1990); Hines v. Hines, 494 So. 2d 297 (Fla. 3d DCA 1986). Disposition of the issue raised in this appeal is controlled by this court’s decision in Speigner v. Speigner, 644 So. 2d 1035 (Fla. 1st DCA 1994). In Speigner, the parties were married in May 1969, divorced in April 1980, and remarried in July 1981. The court reversed the portion of the final judgment effecting distribution of the husband’s profit-sharing plan, and remande…
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Salatino v. State, 660 So. 2d 627 (Fla. 1995)…SHAW, Justice. We have for review Salatino v. State, 644 So. 2d 1035 (Fla. 1st DCA 1994), wherein the district court upheld the constitutionality of the anti-stalking statute, section 784.048, Florida Statutes (Supp.1992), and certified: [*628] Is section 784.048, Florida Statutes (Supp. 1992), facially unconstitutio…