From Casetext: Smarter Legal Research

Horton v. Horton

District Court of Appeal of Florida, Second District
Jan 3, 1986
480 So. 2d 258 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1208.

January 3, 1986.

Appeal from the Circuit Court, Sarasota County, Grissim H. Walker, J.

Leslie Telford of Klaus Telford, P.A., Sarasota, for appellant.

Douglas R. Bald of Fergeson, Skipper, Shaw, Keyser, Baron Tirabassi, P.A., Sarasota, for appellee.


In this dissolution of marriage case, the husband appeals the portions of the final judgment which awarded permanent alimony to the wife and did not award the husband a special equity in the marital home.

We affirm as to the alimony issue: See Walter v. Walter, 464 So.2d 538 (Fla. 1985); Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980).

We reverse as to the special equity issue. The husband owned a home prior to this marriage. There was uncontroverted evidence that the husband contributed to the purchase of the marital home for this marriage out of either funds which were borrowed through the use of his prior home as collateral after which that prior home was sold for a price which reflected the existence of the mortgage or funds from the sale of that prior home. Upon remand the trial court should ascertain and award to the husband the amount to which he is entitled as a special equity. See Landay v. Landay, 429 So.2d 1197 (Fla. 1983). The trial court may choose to take additional evidence on this issue.

Reversed and remanded for proceedings consistent herewith.

GRIMES, A.C.J., and SCHEB, J., concur.


Summaries of

Horton v. Horton

District Court of Appeal of Florida, Second District
Jan 3, 1986
480 So. 2d 258 (Fla. Dist. Ct. App. 1986)
Case details for

Horton v. Horton

Case Details

Full title:RONALD HORTON, APPELLANT, v. ONYX HORTON, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 3, 1986

Citations

480 So. 2d 258 (Fla. Dist. Ct. App. 1986)

Citing Cases

Davis v. Carr

However, to the extent Davis can show that proceeds from the sale of her premarital property were used to pay…