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Borges v. Borges

District Court of Appeal of Florida, Third District
Oct 11, 1988
531 So. 2d 1060 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-462.

October 11, 1988.

Appeal from the Circuit Court for Dade County, Philip Bloom, J.

Harold M. Braxton and Patricia Ann Ash, Miami, for appellant.

Jose M. Rodriguez-Gomez, for appellee.

Before NESBITT and FERGUSON, JJ., and M. IGNATIUS LESTER, Associate Judge.


We agree with the appellant husband that this case is controlled by Satanonchai v. Satanonchai, 522 So.2d 1030 (Fla. 3d DCA 1988). The effect of awarding the marital home — the parties' sole asset — to the wife as lump sum alimony was to force the disabled husband from a state of bare survival to relative impoverishment. A distribution of marital property that creates such an inequitable impact constitutes an abuse of discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980).

On remand the court should award the wife exclusive use and possession of the home until the minor child reaches majority and order Mr. Borges to pay $25 per week as child support.

REVERSED AND REMANDED.


Summaries of

Borges v. Borges

District Court of Appeal of Florida, Third District
Oct 11, 1988
531 So. 2d 1060 (Fla. Dist. Ct. App. 1988)
Case details for

Borges v. Borges

Case Details

Full title:REINALDO BORGES, APPELLANT, v. LUCILA BORGES, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 11, 1988

Citations

531 So. 2d 1060 (Fla. Dist. Ct. App. 1988)