Opinion
No. 79-148.
May 28, 1980.
Appeal from the Circuit Court, Brevard County, Frances Ann Jamieson, J.
Price Carter and Harvey C. Poe, Jr., Melbourne, and Larry Klein, West Palm Beach, for appellant.
Stephannie L. DaCosta and Barbara T. Taylor, Cocoa Beach, for appellee.
The husband appeals from a final judgment in a dissolution action, contending that the trial court erred in refusing to award him a special equity in the jointly owned marital home and in a jointly owned certificate of deposit.
With respect to the marital home, the evidence does not reflect an abuse of discretion by the trial court in refusing to recognize a special equity in the husband, but the evidence clearly reflects that the jointly held certificate of deposit for $21,100 was purchased by the husband with funds supplied by him from a source clearly unconnected with the marital relationship. Ball v. Ball, 335 So.2d 5 (Fla. 1976); Mitchell v. Mitchell, 368 So.2d 628 (Fla. 4th DCA 1979). The trial court erred in not recognizing the husband's special equity in the wife's one-half interest in that certificate of deposit.
The judgment appealed from is affirmed in all respects except as it denies to the husband a special equity in the wife's one-half interest in the $21,100 certificate of deposit, as to which the judgment is reversed with directions to award to the husband full title to said certificate of deposit.
AFFIRMED in part and REVERSED in part.
DAUKSCH, C.J., and COBB, J., concur.