WANDA M. TURNER, APPELLANT,
v.
PETER C. TURNER, APPELLEE

Fla. 1st DCA | 1999-12-22
No. 99-901
BARFIELD, C.J., and ERVIN and WOLF, JJ„ CONCUR.
746 So. 2d 584 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 6 cases
Topics
Equitable Distribution Of Marital Assets Abuse Of Discretion

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court abused its discretion by denying appellant’s motion to amend and conform the final judgment to the evidence and pleadings, which was treated as a motion for rehearing wherein appellant requested a ruling on the husband’s retirement/pension benefits as set forth in his financial affidavit. The trial court was required under section 61.075, Florida Statutes (Supp.1996), to equitably distribute the husband’s retirement/pension benefits accrued during the marriage. -Its denial of appellant’s motion seeking a ruling on those benefits is contrary to the legislative mandate set forth in section 61.075 and thus constitutes an abuse of discretion.

REVERSED and REMANDED for further proceedings consistent with this decision.

BARFIELD, C.J., and ERVIN and WOLF, JJ„ CONCUR.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Rowe v. State, 765 So. 2d 94 (Fla. 1st DCA 2000)
    …e sufficient to make a prima facie showing of exhaustion, and that although he incorrectly denominated his petition as seeking habeas corpus relief, the circuit court should have treated it as seeking relief by writ of mandamus. See Ashley v. Moore, 746 So. 2d 584 (Fla. 1st DCA 1999); Woullard v. Bishop, 734 So. 2d 1151 (Fla. 1st DCA 1999). Finally, inasmuch as Rowe did not challenge his criminal conviction and sentence, a motion for postconviction relief would not provide an adequate remedy in this instance.…
  • Adolphus S. Ashley v. Moore, 767 So. 2d 491 (Fla. 1st DCA 2000)
    …habeas corpus as a petition for writ of mandamus. See Ashley v. Moore, 732 So. 2d 498 (Fla. 1st DCA 1999). Ordering respondent to show cause would resolve whether Ashley has been denied access to an administrative remedy. See, e.g., Ashley v. Moore, 746 So. 2d 584 (Fla. 1st DCA 1999) (quashing circuit court’s denial of petition for writ of habeas corpus and holding that Ashley had made a prima facie showing for granting mandamus to require the Department of Corrections to respond to six grievances he had file…
  • Barnishin v. State, 795 So. 2d 1104 (Fla. 1st DCA 2001)
    …otion as a petition for a writ of mandamus and grant mandamus relief if it determines that the award of credit by the DOC does not conform to the sentencing order and the defendant has exhausted his administrative remedies. See id.; Ashley v. Moore, 746 So. 2d 584 (Fla. 1st DCA 1999). Therefore, we reverse the denial of appellant’s postconviction motion and remand for the court to treat the motion as a petition for a writ of mandamus. At that time, the court should determine whether the appellant has exhauste…

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