CHERRY SHELTON-MILLS, APPELLANT,
v.
JAMES LEE MILLS, JR. APPELLEE

Fla. 3d DCA | 2000-03-08
No. 3D99-979
Before SCHWARTZ, C.J., and GREEN and FLETCHER, JJ.
752 So. 2d 134 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

After entering final judgment in this domestic dispute, the trial court on rehearing correctly increased the husband’s share of his military pension to comply with DeLoach v. DeLoach, 590 So. 2d 956 (Fla. 1st DCA 1991), but made no other changes. In light of the improvement in the husband’s finances effected by the pension ruling, on this appeal by the wife from the amended final judgment we remand for an upward adjustment in the child support award, which we deem required in some amount under the circumstances, and for reconsideration, in the trial court’s discretion, of the denial of alimony and of the terms of equitable distribution.


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  • White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006)
    …rtions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence. Burden v. State, 890 So. 2d 566, 567 (Fla. 2d DCA 2005); see also Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So. 2d 134, 135 (Fla. 2d DCA 2000). If, on remand, the circuit court again summarily denies White’s motion, it must attach portions of the record demonstrating that the currency was seized and held as evidence by the law enforcement agency involved or that it…
  • Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001)
    …v. State, 671 So. 2d 221 (Fla. 1st DCA 1996); Helmy; Stone v. State, 630 So. 2d 660 (Fla. 2d DCA 1994). Moreover, specific statutory provisions may constitute the basis for refusal to return certain types of property. See, e.g., McKinnon v. State, 752 So. 2d 134, 135 (Fla. 2d DCA 2000) (“On remand the court shall determine whether or not the property at issue was ‘unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or cler…
  • Burden v. State, 890 So. 2d 566 (Fla. 2d DCA 2005)
    …sixty-day time bar, the trial court must attach those portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence. See Cloud v. State, 801 So. 2d 964, 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So. 2d 134, 135 (Fla. 2d DCA 2000). The trial court made no finding as to the relevance of the money to Burden’s charges or that the State had an interest in Burden’s property. See Stevenson v. State, 688 So. 2d 962, 963 (Fla. 5th DCA 1997). On remand, the t…

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