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Fuller v. Fuller

District Court of Appeal of Florida, Fourth District
Aug 22, 1988
529 So. 2d 751 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1895.

July 6, 1988. Rehearing Denied August 22, 1988.

Appeal and cross appeal from the Circuit Court for Broward County; Paul M. Marko, III, Judge.

John L. Walkden, Fort Lauderdale, for appellant/cross appellee.

Martha Feigenbaum of Martha Feigenbaum, P.A., and Kathleen B. Johnson of Kathleen B. Johnson, P.A., Boca Raton, for appellee/cross appellant.


AFFIRMED.

GLICKSTEIN and GUNTHER, JJ., concur.

ANSTEAD, J., concurs specially with opinion.


I agree that the trial court's judgment granting the former wife a lien against the marital homeplace to secure her interest therein was proper under the facts of this case. Dissolution proceedings are equitable in nature and, in my view, by granting an equitable lien the trial court was doing nothing more than providing a means totally harmless to the appellant-husband for insuring that the husband will comply with his explicit agreement to pay the wife a sum certain out of the proceeds of the sale of the marital home.


Summaries of

Fuller v. Fuller

District Court of Appeal of Florida, Fourth District
Aug 22, 1988
529 So. 2d 751 (Fla. Dist. Ct. App. 1988)
Case details for

Fuller v. Fuller

Case Details

Full title:SOLOMON FULLER, APPELLANT/CROSS APPELLEE, v. ELIZABETH FULLER…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 22, 1988

Citations

529 So. 2d 751 (Fla. Dist. Ct. App. 1988)