ROBERT EUGENE MCDANNOLD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2004-07-08
No. 1D04-1966
BOOTH, BARFIELD and ALLEN, JJ., concur.
876 So. 2d 1267 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

BOOTH, BARFIELD and ALLEN, JJ., concur.


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    …o secure payment of these benefits to the former wife. We find the trial court erred in failing to include the value of the survivor benefits of Mario’s pension. Survivor benefits in pensions are considered marital property. See Carlton v. Carlton, 876 So. 2d 1267, 1271 (Fla. 2d DCA 2004). While it is true that Mario could change the beneficiary to someone other than the former wife, the evidence showed that at the time of the parties’ divorce, the former wife was the designated recipient of the survivor bene…

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