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Everett v. Everett

District Court of Appeal of Florida, Second District
Aug 4, 1982
422 So. 2d 20 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-75.

August 4, 1982.

Appeal from the Circuit Court, Lee County; Robert T. Shafer, Judge.

Alan J. Rubinstein of Goldberg, Rubinstein Buckley, P.A., Fort Myers, for appellant.

George R. McLain of Harnden, McLain, Spivey Dart, Sarasota, for appellee.


The wife makes a wide-ranging argument that she was financially shortchanged in the dissolution judgment. From our review of the record, we cannot say that the court abused its discretion. In order to obviate the possibility of a later dispute, we hereby construe the provision which gives the wife sole possession of the marital home for a year but requires her to be solely responsible for the mortgage and insurance to mean that she will be entitled to credit for one half of these payments upon the sale of the home now owned as tenants in common by reason of the dissolution. Rubino v. Rubino, 372 So.2d 539 (Fla. 1st DCA 1979). As construed, the judgment is affirmed.

OTT, C.J., and GRIMES and SCHOONOVER, JJ., concur.


Summaries of

Everett v. Everett

District Court of Appeal of Florida, Second District
Aug 4, 1982
422 So. 2d 20 (Fla. Dist. Ct. App. 1982)
Case details for

Everett v. Everett

Case Details

Full title:MARION V. EVERETT, APPELLANT, v. HAROLD FRANCIS EVERETT, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 4, 1982

Citations

422 So. 2d 20 (Fla. Dist. Ct. App. 1982)

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We grant the motion. Reference to our decision in Everett v. Everett, 422 So.2d 20 (Fla. 2d DCA 1982), was…