HELEN W. PENTON, APPELLANT,
v.
REX A. PENTON, APPELLEE

Fla. 3d DCA | 1971-03-23
No. 70-1167
Before PEARSON, C. J., and BARK-DULL and SWANN, JJ.
246 So. 2d 623 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 4 cases
Topics
Special Equity In Property Estate By The Entireties

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Opinion of the Court
PEARSON, Chief Judge.

PEARSON, Chief Judge.

This interlocutory appeal is from two orders correcting a final judgment of divorce. The substantial question presented is whether a final judgment of divorce may be amended pursuant to RCP 1.540(b), 31 F. S.A., to make what the trial judge considers a general equitable readjustment to change the title to property which was held as an estate by the entirety prior to the divorce.

Although the trial court did not have the benefit of the opinion later published in Sistrunk v. Sistrunk, Fla.App.1970, 235 So.2d 53, we think that the law as set forth therein clearly establishes that in the absence of a finding of a special equity in the property the court may not change the title of property which was held as an estate by the entirety and by the divorce passed into an estate in common. See also Bergh v. Bergh, Fla.App.1961, 127 So.2d 481; Latta v. Latta, Fla.App.1960, 121 So.2d 42. Therefore, the orders amending the final judgment of divorce are reversed and the cause remanded with directions to deny the motions to amend.

Reversed and remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Vandervoort v. Vandervoort, 277 So. 2d 43 (Fla. 3d DCA 1973)
    …131; Finston v. Finston, 160 Fla. 935, 37 So. 2d 423; Cortina v. Cortina, Fla.1957, 98 So. 2d 334; McEachin v. McEachin, Fla.App.1963, 154 So. 2d 894, 896; Sistrunk v. Sistrunk, Fla.App.1970, 235 So. 2d 53, 55; Penton v. [*45] Penton, Fla.App.1971, 246 So. 2d 623; Walborsky v. Walborsky, Fla.App. 1972, 258 So. 2d 304, 308. In Finston v. Finston, supra, the Supreme Court said: “The rule seems well settled that a final decree in an equity suit settles all property, rights of the parties and bars any action th…
  • Walborsky v. Evelyne Walborsky, 258 So. 2d 304 (Fla. 1st DCA 1972)
    …rgh (Fla.App.1961) 127 So. 2d 481, 487. . Thompson v. Thompson (Fla.App.1969) 223 So. 2d 95. 98. .Brown v. Brown (Fla.App.1960) 123 So. 2d 298, 300. . Sistrunk v. Sistrunk (Fla.App.1970) 235 So. 2d 53, 55; See also Penton v. Penton (Fla.App.1971) 246 So. 2d 623.…

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