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Barbare v. Napier

District Court of Appeal of Florida, Third District
Nov 16, 1994
645 So. 2d 146 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-2086.

November 16, 1994.

Appeal from the Circuit Court for Dade County, Alan S. Gold, J.

Gary S. Gostel, Miami, for appellant.

Carmen M. Morales and Shari L. McCartney, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GREEN, JJ.


We agree with the trial court that the movement of the ex-wife's new husband into the jointly-owned former marital residence effected an ouster of the ex-husband so as to justify a credit for one-half the rental value of the home thereafter as an offset to the one given her because she made all the mortgage payments. In our view, Finn v. Finn, 464 So.2d 1266 (Fla. 3d DCA 1985), which so indicates, has not been overruled by subsequent supreme court decisions on the issue. See Kelly v. Kelly, 583 So.2d 667 (Fla. 1991); Barrow v. Barrow, 527 So.2d 1373 (Fla. 1988). See also Goolsby v. Wiley, 547 So.2d 227 (Fla. 4th DCA 1989) (distinguishing Finn).

Affirmed.


Summaries of

Barbare v. Napier

District Court of Appeal of Florida, Third District
Nov 16, 1994
645 So. 2d 146 (Fla. Dist. Ct. App. 1994)
Case details for

Barbare v. Napier

Case Details

Full title:CAROLYN JEAN BARBARE, APPELLANT, v. HARLEY DAVID NAPIER, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 16, 1994

Citations

645 So. 2d 146 (Fla. Dist. Ct. App. 1994)