BERNICE LOSEY, APPELLANT,
v.
DEAN LOSEY, RUTH BOWERS, HOWARD LOSEY, JR., AND HOWARD LOSEY, APPELLEES
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The dissenting opinion argues that an estate by the entirety can be terminated by the joint action of both parties, contrary to the majority's conclusion.
The dissenting justice believes that an estate by the entirety can be terminated by the joint action of both parties, citing legal authorities and prior case law.
The case involves a dispute over the termination of an estate by the entireties held by Howard and Esther Losey. The dissenting justice disagrees with…
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on February 20, 1968 (207 So.2d 283) affirming the final decree of the Circuit Court of the Eleventh Judicial Circuit for Dade County, Florida, in the above styled cause; and
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 9, 1969 (221 So.2d 477) and mandate issued May 2, 1969 now lodged in this court, quashed this court’s decision and remanded the cause with directions for disposition in accordance with the said opinion and judgment of the Supreme Court of Florida;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on March 11, 1968 is withdrawn, the opinion and judgment of this court filed February 20, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the final decree of the circuit court appealed from is reversed with directions to proceed in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).
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Waldman v. Waldman, 520 So. 2d 87 (Fla. 3d DCA 1988)…o. 2d 465 (1941); De Poorter v. De Poorter, 509 So. 2d 1141 (Fla. 1st DCA 1987); Tinsley v. Tinsley, 502 So. 2d 997 (Fla. 2d DCA 1987); Withers v. Withers, 390 So. 2d 453 (Fla. 2d DCA 1980), rev. denied, 399 So. 2d 1147 (Fla.1981); Horner v. Horner, 222 So. 2d 791 (Fla. 2d DCA 1969), her profligacy will not be subsidized by an order granting an upward modification. We find that the trial court erred as a matter of law in applying an incorrect standard to evaluate Mrs. Waldman’s financial needs. The property…
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Tinsley v. Lowell Andrew Tinsley, 502 So. 2d 997 (Fla. 2d DCA 1987)…ony on gambling will not justify a downward modification of alimony. Phillippi v. Phillippi, 148 Fla. 393, 4 So. 2d 465 (Fla.1941). Following Phillippi, this court has declined to reduce alimony that was spent on alcohol and drugs, Horner v. Horner, 222 So. 2d 791 (Fla. 2d DCA 1969), and where a wife has allowed her adult children to live rent-free in a home she owned, Withers v. Withers, 390 So. 2d 453 (Fla. 2d DCA 1980), petition for review denied, 399 So. 2d 1147 (Fla.1981). These cases support our disposi…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Losey v. Losey, 207 So. 2d 283 (Fla. 3d DCA 1968)